We regularly represent clients who have been detained under various sections of the Mental Health Act.
Prior to the recent changes, an independent Tribunal doctor would always arrange to see the patient prior to the Mental Health Tribunal, to review their medical records and speak to hospital staff.
Following the recent amendments to the Mental Health Tribunal rules, the Doctor only automatically sees Section 2 patients. If a patient is detained under one of the other sections and wishes to have an initial interview with the doctor, we now have to ask the Tribunal , in writing, not less than 14 days before the date of the hearing to authorise the Doctor to visit the patient.
We advise our clients on the merits of requesting the Tribunal, to see the doctor prior to the hearing, depending on the details of their particular case.
If you have any queries about detention under the Mental Health Act, informal patients rights or S117 after care issues please feel free to contact a member of our Mental Health team at one of our offices in Boston, Grantham, Lincoln, Newark, Sleaford and Spalding.