Mental Health Review
The Mental Health Review Tribunal hears challenges to the lawfulness of detention. It has three members. One member is a legal member, another a lay member, and a third a medical member.
It will generally convene in the hospital where the person is detained. The Tribunal is subject to the Human Rights Act and plays a key role in the review of the lawfulness of detention. A person detained may be represented, including legally.
The Tribunal may direct discharge. It may direct, if it is satisfied that the conditions for detention are not satisfied, i.e., the patient is not suffering from mental or severe mental impairment from either or from either of those forms of mental disorder of a nature or degree which warrants his detention in the hospital for medical treatment and the discharge of the patient would not cause a substantial risk of serious physical harm to the self or others.
The Tribunal may direct discharge on a future date, recommending absence or transfer to another hospital or into guardianship, further consideration of a patient’s case if there has been non-compliance with a recommendation. The burden of proof is on the patient, although this is unlikely to be compatible with the Human Rights Act.
An up-to-date report is required from social services in relation to the patient’s home and circumstances after the choice of relatives, opportunities for employment, housing facilities, community support, and financial circumstances. Where a patient is detained in a hospital, he may apply to the Review Tribunal within the period of six months beginning on the date of admission where he is received into guardianship application in pursuance of a guardianship application. He may apply to the Review Tribunal within six months.
Where the authority for detention is renewed, or the authority for the guardianship is renewed, a patient may apply to the Review Tribunal at any time before the expiration of the period for which the authority is renewed.
The Attorney General, the Department, or the Master of Care and Protection may refer the case of any patient to the Review Tribunal who is liable to be detained or subject to guardianship. Any medical practitioner authorized on behalf of the patient may, at a reasonable time, visit the patient and examine him in private and require the production of and inspect any records relating to the detention or treatment in any hospital.
An application may be made to the Review Tribunal in respect of a patient admitted to a hospital in pursuance of a hospital order or placed in guardianship by the guardianship order within six months of the date of the order or by the any arrest related within 12 months of the date of the order and subsequent period of 12 months. The Tribunal may in any case direct that the patient be discharged as above.
The Review Tribunal may discharge a restricted patient subject to a restriction order. There is provision for an application for discharge from restriction. For the purpose of advising whether an application to the Review Tribunal should be made by or in respect of a patient who is liable to be detained under the mental health legislation or subject to guardianship, any medical practitioner authorized on behalf of the patient or other person entitled to make the application may at any reasonable time visit the patient and examine him in private and require the production of records relating to detention and treatment.
The Lord Chancellor prescribes rules for the procedure of the Review Tribunal. Rules may provide for the constitution of the tribunal, determination of persons qualified to serve procedures in relation to hearings, disposal of applications with or without formal hearings, regulating circumstances in which and persons by whom the applicants and patients may be represented, regulating methods by which information relevant to the application may be obtained or furnished, making available copies of documents to the applicant or his representative, requiring the tribunal if requested to furnish statements of reasons for any decision, conferring ancillary powers. A restricted patient is one who is subject to a restriction order.