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MENTAL HEALTH ACT 1983 - Tribunals & Appeals
 

Mental Health Review Tribunals
Spur A, Block 5, Government Buildings
Chalfont Drive
Nottingham
NG8 3RZ
Tel: 0115 9294222

These independent tribunals, which hear patients' appeals, are made up of three people, a lawyer, a psychiatrist and a lay person with relevant qualifications or skills. Patients can either make their own case or have the right to representation. Anyone can act as a representative for the patient, though special skills would clearly be an advantage and some solicitors are experienced in this area. Legal Aid (not means tested) is available to employ a solicitor and this is usually advisable. On hearing the evidence the tribunal decides whether to discharge the patient. A formal advocate can also offer support or represent a person who is appealing.

Managers Appeals

Under section 23 of the Mental Health Act patients who are detained in hospital have a right to appeal to the hospital managers. The hospital managers have the power to discharge the person from the detention order if it is considered the criteria for detention are no longer met. When someone is detained, rights of appeal will be given both verbally and in writing and more than once if necessary. If you need more information, speak to the staff on the ward or to Medical Records staff.

Mental Health Act Commission
Maid Marion House
56 Hounds Gate
Nottingham
NG1 6BG
Tel: 0115 9437100

This is a special health authority authorised to keep under review all aspects of the care of patients detained under the Mental Health Act. It can investigate complaints, arrange second opinions under the Mental Health Act on consent to treatment provisions and is responsible for monitoring the Mental Health Act Code of Practice. It cannot discharge a patient from hospital. A patient can make a complaint to the Commission about anything that has happened to him or her while detained. The complaint should be made to the hospital management in the first instance. However, when a complaint is about being compulsorily detained, it can be made directly to the Commission.
In both instances the Commission will decide whether to investigate the complaint.