What is a Mental Health Tribunal?
A Mental Health Tribunal is an independent legal panel made up of a Judge, an Independent Psychiatrist and a Specialist Member in Mental Health. They carry out impartial evaluations during the hearing concerning the detention and care of individuals under the Mental Health Act. These tribunals are vital in protecting the rights of people with mental health conditions.
There are time limits on how long a person has to appeal dependent upon which section they are detained under.
If you are detained:
- Under Section 2: you must apply to the tribunal within 14 days of being detained.
- Under Section 3: you can apply once at any time within your first six months of detention and if your responsible clinician (RC) renews your Section 3, in each period of renewed detention. The same applies if you are subject to a Community Treatment Order.
- Under Section 37: you cannot apply to a Mental Health Tribunal in the first six months of your detention, but you may do so in any subsequent periods of renewed detention. Under Section 37 you can however apply to the hospital managers at any time.
- As a forensic patient, you may be detained under Section 37/41, Section 45A, Section 48/49, Section 47/49. You also have the right to apply to the Mental Health Tribunal to have a review of your detention and we can discuss your eligibility with you at the time of your enquiry.