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.

Professional Assistance at a Mental Health Tribunal

If you are facing a Mental Health Tribunal then please get in touch with our experienced team. We specialise in guiding individuals through the legal processes, ensuring fair hearings, and providing expert representation.  

Our expert mental health solicitors at GSB are made up of professionals from different backgrounds, and you can freely request a representative of a specific gender. Some team members also specialise in criminal and family law, enhancing their ability to address the diverse legal issues associated with mental health cases under The Mental Health Act. 

FAQs

A mental health tribunal hearing usually takes around 1 to 2 hours. Nevertheless, the length may differ based on the intricacy of the case, the volume of evidence presented, and the requirement for thorough questioning and discussion. The entire procedure, starting from the application to the ultimate decision, may span over several weeks.

People who generally participate in a mental health tribunal are: 

  • The person whose case is under review. 
  • A tribunal panel made up of three members: a chairperson with legal qualifications, a medical member and a lay member with relevant experience. 
  • Usually, the clinician or psychiatrist in charge of the patient’s treatment.
  • A Social Worker or Approved Mental Health Professional (AMHP).
  • The patient might have a solicitor or legal representative present.
  • Sometimes, other individuals like family members or caregivers may attend as witnesses.