There are different outcomes to a Mental Health Tribunal. We explain here what can happen after a Tribunal has taken place.
What happens if the Tribunal affirms or revokes the order?
If the Tribunal affirms the order, the patient stays in the approved centre.
If the Tribunal revokes the order, the patient is free to leave the approved centre. The patient may wish to stay in the approved centre as a voluntary patient and can discuss this with their care team.
What happens if the patient wants to appeal?
If a Tribunal affirms an order, a patient can appeal the decision to the Circuit Court on the basis that they are no longer suffering from a 'mental disorder'.
Section 19 of the 2001 Act covers appeals. However, the appeal does not consider the decision of the Tribunal. The Circuit Court considers the issue of 'mental disorder' on the date of the appeal.
The patient must appeal within 14 days of the decision. The patient’s legal representative can help the patient with this and legal aid is provided.
How long does an involuntary patient stay in the approved centre?
When an admission order, that a Tribunal has affirmed has come to an end, a patient will only have to stay in the approved centre if the treating psychiatrist believes they still have a 'mental disorder'.
The treating psychiatrist must make a renewal order, which cannot be for longer than three months (but can be for shorter than three months). A Tribunal will review this renewal order also, within 21 days.
If after three months, the treating psychiatrist still believes the patient has a mental disorder, they can make another renewal order. This type of renewal order cannot be for longer than six months (but can be for shorter than six months). A Tribunal will review this renewal order within 21 days.
This process can continue until the treating psychiatrist thinks the patient is well enough to be discharged. The MHC must ensure that and independent Tribunal reviews each order and that patients can appeal each decision the Circuit Court if they want to.
What is an additional review?
An additional review means an extra tribunal to review the patient’s case. A patient can ask for an additional review if they are detained under a renewal order that is for longer than three months and up to six months.
If they are detained in the approved centre three months after that order is made, the patient can ask to have another Tribunal review the order and detention again.
To ask for an additional review the patient must be involuntarily detained.
The MHC can only organise an additional review if they are asked. It is not done automatically like the other Tribunals. The patient or their legal representative must make this request.
