We explain here how the MHC arranges a Mental Health Tribunal.
The MHC must take certain steps when it receives an admission or renewal order for a patient. The first step is to immediately appoint a legal representative. The next is to appoint an independent consultant psychiatrist. The third step is to arrange a Tribunal
Legal representative – The legal representative meets the patient to explain what has happened, and how the Tribunal process works, and to address any concerns.
Independent consultant psychiatrist - The independent consultant psychiatrist examines the patient, interviews the consultant who is treating them, and reviews their hospital records. They then provide a report on the patient’s mental health to the Tribunal and the patient’s legal representative.
Tribunal arrangements – The MHC:
- arranges a date for the Tribunal within 21 days of the order to detain a patient being made
- appoints the Tribunal members once a date has been arranged
- informs everyone involved of the tribunal date
- supplies documents about the patient’s case to everyone involved
Before the Tribunal takes place, Tribunal members and the patient’s legal representative review all the documents about the patient’s case.
Where a detention order is revoked before the Tribunal takes place - The patient may be discharged or become a voluntary patient before their Tribunal takes place (meaning that the order for their detention is revoked). If the patient would still like the Tribunal to go ahead, they or their legal representative should inform the MHC in writing. They must do this within 14 days of the patient’s discharge or of the patient becoming a voluntary patient. The MHC will then arrange a Tribunal.
