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What does the First-tier Tribunal (Mental Health) do?
The Tribunal is an independent judicial body that operates under the provisions of the Mental Health Act 1983 (as amended by the Mental Health Act 2007)
Our main purpose is to review the cases of patients detained under the Mental Health Act and to direct the discharge of any patients where the statutory criteria for discharge have been satisfied.
In some cases, we also have the discretion to discharge patients who do not meet the statutory criteria. These cases usually involve making a balanced judgement on a number of serious issues such as:
- the freedom of the individual,
- the protection of the public and
- the best interests of the patient.
Tribunal hearings are normally held in private and take place in the hospital or community unit where the patient is detained.
The Tribunal’s principal powers are:
- to discharge a detained patient from hospital immediately or after a short further period of detention;
- to recommend leave of absence;
- to recommend Supervised Community Treatment
- to recommend transfer to another hospital.
The Tribunal may reconvene and rehear a case if there is failure to comply with their recommendations.
