Frequently asked questions
Please Note Where the text refers to “you”, it means the patient
- How do I apply for a hearing?
- What is the purpose of a hearing?
- Who will be at the hearing?
- Who gets to speak at the hearing?
- What if English is not my first language?
- What happens at the hearing?
- Does there have to be a legal representative?
- Who will know about what happens at the hearing?
- How will I know when my hearing is going to take place?
- What are my rights?
- Do I have to attend the hearing?
- What is a restricted patient?
- Who is my nearest relative?
1. How do I apply for a hearing?
You, your legal representative or your ‘nearest relative’ can apply for a hearing. Click here for an application form.
2. What is the purpose of a hearing?
The purpose of a hearing is to determine whether you should be discharged from hospital, and if so when, and in some cases on what conditions.
3. Who will be at the hearing?
In addition to the Tribunal Panel and yourself, the other people who will normally attend the hearing are your treating psychiatrist or a member of their team, a nurse, and a representative of the social services department, plus your legal representative, if you choose to have one. If you so wish, your nearest relative can also attend.
Tribunal hearings take place at the hospital where you are detained, and are held in private unless you request otherwise, and the Tribunal agrees.
4. Who gets to speak at the hearing?
Most of the people who attend, including yourself.
5. What if English is not my first language?
If you need an interpreter, then, as far as possible, either Mental Health Services or the Tribunal will arrange for one to attend. If you have other special needs e.g. Deaf Interpretation, this can also be arranged by the Tribunal.
6. What happens at the hearing?
The President of the Tribunal (the legal member) makes the opening welcome and introductions.
The Tribunal members will all ask you questions, and will also ask questions of your treating psychiatrist and anyone else involved in your case. You have the right not to speak if you so choose, and let your legal representative speak on your behalf. After hearing the evidence, the Tribunal will adjourn the proceedings to make its decision in private. This is generally done straight away. The Tribunal then calls everyone back in to the hearing room and gives its decision to everyone involved in the hearing.
7. Does there have to be a legal representative?
Is your right not to have a legal representative, or to represent yourself. A legal representative can however be very useful as they will explain the law to you and protect your best interests. If you employ a legal representative, it will be at no cost to yourself. You can obtain a legal representative by asking the Mental Health Act Administrator in your hospital to provide you with a list of names. Alternatively, you can contact The Law Society and ask them to put you in touch with a member of their specialist panel.
The Law SocietyIpsley Court
Berrington Close
Redditch
Worcs
B98 0TD
Telephone 01527 517141 ext 3286
Email Patricia Fearn.
8. Who will know about what happens at the hearing?
Everyone who attends the hearing must keep the matter private. The Tribunal members, Mental Health Services staff and legal representatives are all bound by confidentiality and are not permitted to discuss the proceedings with outsiders. The Tribunal’s decision may be told only to people who need to know, (e.g. medical and nursing staff).
9. How will I know when my hearing is going to take place?
Usually, a case manager or treating psychiatrist will give you a Notice of Hearing from the Tribunal and explain about the hearing. In some instances, the Tribunal will send a notice of hearing directly to you.
10. What are my rights?
The Mental Health Act Administrator in your hospital has the responsibility to show you copies of any documents they send to the Tribunal as evidence, such as medical reports. The doctor should also explain when and where the hearing will take place, and what they intend to tell the Tribunal at the hearing. In addition, you may have your own legal representative who will explain your rights to you. See the comments in 'Does there need to be a legal representative' above.
11. Do I have to attend the hearing?
It is your right to attend a Tribunal hearing and to have the opportunity to present your case. If you have a strong objection to attending the hearing, the Tribunal will ask for proof that you have declined to attend of your own free will. If satisfied that is the case, the Tribunal can decide to proceed with the hearing in your absence.
12. What is a restricted patient?
You are a restricted patient if a Crown Court made a ‘restriction order’ as part of your mental health act section. The court would have made such an order if they believed this was necessary for the protection of the public from serious harm. If you are subject to a restriction order, it can only be discharged by the Home Office, or by a Mental Health Review Tribunal, presided over by a judge or a specialist QC.
13. Who is my nearest relative?
Your nearest relative is normally the relative who comes first on a list of relatives set out in the Mental Health Act, e.g. spouse, child, parent etc. Your legal representative or the hospital staff can help you to identify this person.
