We represented our client who was detained under section 2 of the Mental Health Act 1983.
Key considerations
The case involved complex issues surrounding mental health, risk assessment, and the principle of least restrictive care. Our client had no prior psychiatric history and demonstrated a clear willingness to engage with community-based support. The Tribunal acknowledged these factors, as well as our client’s calm and cooperative presentation, in reaching its decision.
Outcome
After careful consideration of the evidence and our submissions, the Tribunal panel concluded that our client no longer met the legal criteria for continued detention and directed the patient’s discharge from section 2.
Our client was represented by Adam Marley, Head of Mental Health Law at GT Stewart.
FAQs
Why would someone be detained under the Mental Health Act?
Professionals can detain you if they think your mental health puts you or others at risk, and if you need hospital treatment.
Can someone detained under the Mental Health Act appeal the decision?
Yes. Anyone detained has the right to appeal against the decision to the Mental Health Tribunal (MHT) or to the hospital's managers. The MHT is an independent body, and it can order discharge if the legal criteria for continued detention aren't met. Legal Aid for MHT applications is available and is not means-tested. For other matters, Legal Aid depends on an assessment of the patient’s financial means.
Who can discharge a patient under the Mental Health Act?
Your Responsible Clinician or your Nearest Relative may be able to discharge you. If your Responsible Clinician decides you no longer meet the conditions for detention, they should discharge you. In some cases, only the Secretary of State for Justice or the Tribunal can authorise discharge. For certain patients, the Parole Board must also be involved before discharge is possible. In other situations, the Associate Hospital Managers can make the decision independently.
For those patients under Part II of the Act (s2, 3 and 37 in hospital and s17A in the community) there are a number of ways that a patient can be discharged from section: Their Responsible Clinician, the Tribunal and the Associate Hospital Managers can discharge a patient. A patient’s Nearest Relative can also make a request for discharge. For Patients under Part III (s37/41, s47/49, s48/49 and s45A) the options are more limited, but are generally that the Secretary of State for Justice can direct discharge, as can the First-tier Tribunal (Mental Health). For some patients under Part III there is a two-stage process that involves the Tribunal and the Parole Board.
If you have been detained under the Mental Health Act, our team can provide clear advice to protect your rights and seek the best possible outcome. Learn more here.
