Nigel Turner's HyperGUIDE to the Mental Health Act

Scope and Functions of the Mental Health Review Tribunal [MHRT]

This page gives details of the scope and functions of the Mental Health Review Tribunal, which undertakes Reviews of Detention, Guardianship and Supervised Discharge. A separate page sets out the MHRT's Powers and Duties.

Applications to the MHRT

This gives details of the circumstances under which applications can be made, who can make them, and time limits. Although the term application is used in the Act itself, in everyday language, these are normally called appeals and that term is used on this page.

References to the MHRT

As well as the patient and the Nearest Relative having certain rights of appeal, there are opportunities or obligations for other references (or referrals) to be made to the MHRT, which are not instigated by an appeal.

Appeals to the MHRT

Appeals to the MHRT can be made in accordance with Section 66 and Section 69, where a person has been:

  1. Admitted for assessment under Section 2
  2. Admitted for treatment under Section 3
  3. Received into guardianship under Section 7
  4. Made subject to a Hospital Order or Guardianship Order by the courts under Section 37
  5. Detained (or made subject to guardianship) for a further period under Section 20
  6. Deemed to have a different form of mental disorder from that originally cited
  7. Transferred from guardianship to hospital
  8. Made subject to a Restriction Order or Restriction Direction
  9. Conditionally Discharged
  10. Made subject to Supervised Discharge
or where the Nearest Relative has been:
  1. Barred by the Responsible Medical Officer from discharging the person who is detained in hospital
  2. Replaced by an Acting Nearest Relative as the result of a court order
  1. Person admitted for assessment under Section 2
    Who can Appeal:
    The person detained
    When the Appeal can be made:
    Within 14 days of being detained for assessment
    Notes:
    An appeal to the MHRT can be made while someone is detained for assessment under the emergency provisions of a Section 4 which is then subsequently converted to a Section 2.

  2. Person admitted for treatment under Section 3
    Who can Appeal:
    The person detained
    When the Appeal can be made:
    Within 6 months of being detained for treatment
    Notes:
    A further appeal can be made following renewal under Section 20 of either a Section 3 or Section 37
    An appeal to the MHRT cannot be made in the first 6 months by someone detained under a Section 37 Hospital Order (nor by their Nearest Relative).

  3. Person subject to Guardianship under Section 7
    Who can Appeal:
    The person who is subject to guardianship
    When the Appeal can be made:
    Within 6 months of being made subject to guardianship
    Notes:
    A further appeal can be made following renewal of Guardianship under Section 20.

  4. Person subject to a Hospital Order or Guardianship Order under Section 37
    Who can Appeal:
    In the case of a Hospital Order, nobody can appeal prior to any renewal under Section 20
    In the case of a Guardianship Order, the person subject to Guardianship and the Nearest Relative can appeal
    When the Appeal can be made:
    In the case of Hospital Orders, no appeal can be made prior to any renewal under Section 20
    In the case of Guardianship Orders, the person subject to Guardianship can appeal within 6 months of the Guardianship Order being made
    In the case of Guardianship Orders, the Nearest Relative can appeal to the MHRT once only during the first 12 months after the Guardianship Order is made: this can be either before or after any initial renewal under Section 20 at the six-month stage
    Notes:
    A further appeal can be made following renewal of Guardianship under Section 20 (subject to the Nearest Relative not being able to make more than one appeal in the first 12 months of a Guardianship Order).

  5. Person whose detention or guardianship has been renewed under Section 20, or whose supervised discharge has been renewed under Section 25G
    Who can Appeal:
    In all cases, he person who has their detention, guardianship or supervised discharge renewed and
    In the case of the renewal of Section 37 Orders, the Nearest Relative
    In the case of supervised discharge, the Nearest Relative if they were entitled to be informed of the renewal of the period of supervised discharge
    When the Appeal can be made:
    Within the period of renewal - 6 months or 12 months as the case may be, subject to the note below
    Notes:
    The initial renewal of a Section 37 Hospital Order (after 6 months), provides the first opportunity for someone subject to such an order (and their Nearest Relative) to appeal, as they cannot do so in the first 6 months following the making of the order. In the case of renewal of Section 37 Guardianship Orders, the Nearest Relative cannot appeal in the first 6 months following renewal, if they have already exercised their right to appeal during the first 6 months from the date the order was first made, i.e. prior to renewal.
    The opportunity to appeal to the MHRT also applies in the same way for renewals which take place under Section 21B, where a renewal report is issued following a period of more than 28 days' Unauthorised Absence.

  6. Re-classification of the person's mental disorder
    Who can Appeal:
    the person detained or who is subject to supervised discharge or
    the Nearest Relative but not both
    When the Appeal can be made:
    within the period of 28 days from the person who makes the application being informed that a re-classification report has been made under Section 16, or that re-classification has taken place following a renewal report provided after a period of more than 28 days' Unauthorised Absence.
    Notes:
    In the case of someone subject to supervised discharge, the Nearest Relative can appeal to the MHRT only if they were entitled to be informed that the re-classification report had been made.

  7. Person who is transferred from guardianship to hospital under Section 19
    Who can Appeal:
    the person transferred to hospital
    When the Appeal can be made:
    within 6 months of the transfer.

  8. Someone who is subject to a Section 41 Restriction Order, or a Section 49 Restriction Direction
    Who can Appeal:
    The person who is a restricted patient
    When the Appeal can be made:
    Between 6 months and 12 months from the date of the Hospital Order with Restrictions, or the making of the Restriction Direction, and in each subsequent period of 12 months.

  9. Someone who has been Conditionally Discharged
    Who can Appeal:
    The person who is conditionally discharged
    When the Appeal can be made:
    Between 1 year and 2 years from the date of the conditional discharge, and in each subsequent period of 2 years.

  10. Someone who has been made subject to Supervised Discharge
    Who can Appeal:
    The person who is subject to supervised discharge or
    The Nearest Relative, if entitled be informed of the acceptance of an application for supervised discharge
    When the Appeal can be made:
    Up to six months from the acceptance of the application for supervised discharge.

  11. Nearest Relative's power to discharge is blocked by the Responsible Medical Officer issuing a Barring Certificate
    Who can Appeal:
    the Nearest Relative
    When the Appeal can be made:
    within the period of 28 days from the Nearest Relative being informed that the discharge has been barred.

  12. Nearest Relative is displaced by a Court Order which appoints an Acting Nearest Relative
    Who can Appeal:
    the Nearest Relative who has been displaced by the court order
    When the Appeal can be made:
    within 12 months of the date of the order, and in any subsequent period of 12 months that the order remains in force.
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References to the MHRT

The Secretary of State / Home Office may refer the following cases to the MHRT at any time:

The Secretary of State / Home Office must refer the following cases to the MHRT:

The Mental Health Act Managers must refer the following cases to the MHRT:

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Copyright © Nigel Turner 1996
This page last revised 26 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.