A Mental Health Tribunal (‘MHT’) is a review of your detention by a panel of three independent people with expertise in the area of mental health law specially appointed by the Tribunals Service. The panel consists of a judge, a psychiatrist and a ‘specialist lay member’.
If you are a detained patient, you can apply to the MHT for discharge from your section. When you apply, a hearing is then arranged at which the panel considers whether they should discharge you. When making the decision, the tribunal panel will consider written reports from your care team. They will also hear oral evidence from you and the care team. If the panel is not satisfied that you meet the criteria for detention, you will be discharged.
Normally MHT hearings take place at the hospital where you are detained. As a result of the Covid regulations, however, all hearings currently take place via video link.
You are entitled to free and independent legal representation at a MHT hearing.
MHT hearings are an effective way of ensuring that your case is thoroughly reviewed by an independent panel. Bear in mind, however, that the MHT’s powers are, in the main, restricted to deciding whether you should remain detained. MHTs do not therefore have the power to interfere in decisions regarding the type of treatment you are receiving.