What is a Mental Health Review Tribunal?
What is a Mental Health Review Tribunal?
The Mental Health Tribunal is a panel which you have a right to apply to, so that you can be discharged from your section. Mental Health Tribunal hearings usually take place in the hospital where patients are sectioned, but they are totally independent of the hospital.
Does the mental health tribunal review admission orders?
Review of admission by a mental health tribunal The tribunal is appointed by the Mental Health Commission. The tribunal must review your detention and make a decision within 21 days of the making of the order (there are provisions for extending this time limit).
Who is involved in the Tribunal review?
A patient or their lawyer, advocate, support person, doctor or others involved in their treatment can ask for a review. Others who can ask for a review are members of the patient’s treating team, the Chief Psychiatrist, and anyone else the Tribunal believes has a valid interest.
What is a Section 3 Mental Health Act?
Section 3 allows for a person to be admitted to hospital for treatment if their mental disorder is of a nature and/or degree that requires treatment in hospital. In addition, it must be necessary for their health, their safety or for the protection of other people that they receive treatment in hospital.
What is Section 5 of the Mental Health Act?
Section 5(4) gives nurses the ability to detain someone in hospital for up to 6 hours. Section 5(2) gives doctors the ability to detain someone in hospital for up to 72 hours, during which time you should receive an assessment that decides if further detention under the Mental Health Act is necessary.
Can I refuse mental health treatment?
But the right to refuse treatment is also fundamental to the legal requirements for psychiatric treatment. Someone who enters a hospital voluntarily and shows no imminent risk of danger to self or others may express the right to refuse treatment by stating he or she wants to leave the hospital.
How does the Mental Health Review Tribunal work?
We review the cases of patients who are detained in a hospital or living in the community subject to a conditional discharge, community treatment or guardianship order. Applications to have a case reviewed can be made by a patient or on behalf of the patient where a person has been authorised by the applicant to do so.
How often should a mental health case be reviewed?
review involuntary patients in mental health facilities, usually every three or six months, and in appropriate cases every twelve months; review voluntary patients in mental health facilities, usually every twelve months;
Who is the responsible authority under the Mental Health Act?
The responsible authority is the organisation or individual that has responsibility for a patient who is detained or subject to an order made under the Mental Health Act. The responsible authority has certain legal duties in relation to patients and their right to have their case reviewed by the MHRT for Wales.
Why is the public interested in the tribunal?
There is a public interest in Tribunal proceedings for a number of reasons. They include the power it can exercise in people’s lives and the safety of the patient and members of the public. It is therefore important to emphasise that Tribunal proceedings are open to the public.
