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Mental health review tribunals

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The main purpose of these tribunals is to review the cases of patients detained under the Mental Health Act (MHA) and to arrange the discharge of any patients where the criteria stated in the MHA for detention are not met.

Claims brought will involve making a balanced judgment on a number of issues such as:

  • the patient’s diagnosis and the need for medical treatment
  • 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 where the patient is detained or a convenient community unit.

The tribunal can:

  • discharge a detained patient from hospital immediately after their detention. In some cases, the discharge will be conditional on the patient meeting certain criteria
  • decide on a future date for the patient to be discharged on, or recommend transfer to another hospital

More information about submitting a claim to the tribunal can be found at justice.gov.uk/tribunals. 

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