Mental Health Tribunal
A First-tier Tribunal that reviews the detention of patients under the Mental Health Act 1983 and may order discharge.
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
A Mental Health Tribunal (formally the First-tier Tribunal (Mental Health)) is the independent body a detained psychiatric patient can apply to if they want to be discharged. It also hears applications to vary a community treatment order, a guardianship order, or the conditions of a conditional discharge.
Who can apply, and when, depends on how the patient was detained. A patient detained for assessment under section 2 can apply within the first 14 days of detention; a patient detained for treatment under section 3 can apply at any time in the first six months and then once in each subsequent review period. If the patient does not apply themselves, the hospital must in some circumstances refer the case to the tribunal automatically. A patient's 'nearest relative' can also make an application without the patient's permission.
Example
A patient detained under section 2 for assessment can apply to the tribunal within the first 14 days of being detained to seek discharge.
Related terms
Official sources
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