Nigel Turner's HyperGUIDE to the Mental Health Act

Review of Detention or Guardianship: Appeals and Referrals

Review by the Mental Health Act Managers

The Mental Health Act itself is not very specific about appeals to the Mental Health Act Managers. The need for Managers to review detention and to hold appeal hearings is inferred from the Managers' power to discharge under Section 23.

The Code of Practice states that the Mental Health Act Managers can review someone's detention in hospital at any time, at their discretion, but must do so in the following circumstances:

On Appeal: when the person detained applies to the Managers to consider exercising their power to discharge.
On Renewal: when a renewal report is made by the Responsible Medical Officer under Section 20, for a Section 3 or Section 37 to be renewed.
On Barring of Discharge: when the Responsible Medical Officer makes a report barring discharge by the Nearest Relative.

All hospitals, etc., where people are detained under the Mental Health Act should have a system for ensuring that patient's appeals are forwarded speedily to someone acting on behalf of the Managers. A Managers' Hearing should be convened as soon as possible.

Information about how to appeal to the Managers should be given to detained patients on commencement of the Section, and should always be available from ward staff.

If someone appeals to the Managers, this does not restrict their right to appeal to the Mental Health Review Tribunal [MHRT], and in most situations an appeal to the MHRT can be made at the same time as an appeal to the Mental Health Act Managers.

Appeals/Referrals to the Mental Health Review Tribunal

In contrast to the lack of clarity over appeals to the Managers, there are 15 Sections of the Act, plus associated regulations, setting out the role and functioning of the Mental Health Review Tribunal [MHRT]. The MHRT will consider applications from the person concerned and/or their Nearest Relative, depending upon the circumstances as set out in the Act. Also, the Act allows or requires the Secretary of State and the Mental Health Act Managers to refer certain cases to the MHRT for review.

In considering discharge from Section, the MHRT's Scope and Functions are wider than those of the Mental Health Act Managers. MHRT proceedings are typically more formal than those of the Managers, and hearings may take longer to arrange.

Overview page. Contents page. Introduction page.

This page last revised 1 June 1996
While every effort has been made to ensure the accuracy and reliability of information in these pages, they are not intended to be relied upon as an authoritative statement of the law. The author cannot accept liability for errors or omissions.