Mental Health Tribunal
The First-tier Tribunal (Mental Health) that reviews compulsory detention under the Mental Health Act 1983 in England. The Tribunal can discharge the patient if the legal criteria for detention are no longer met. Free legal aid is automatic. Patients can apply once per renewal period; some hearings are automatic (e.g. after 6 months of unconvicted detention).
The Tribunal consists of a legal member (judge), a medical member, and a lay member with relevant experience. Hearings are usually at the hospital. The patient has the right to free legal representation (regulated mental health legal aid solicitor). The Responsible Clinician's reports and the patient's evidence are key. The Tribunal must apply Mental Health Act criteria — the conditions for detention must currently be met. The Tribunal can: discharge absolutely, discharge conditionally, recommend discharge by a future date, or maintain detention. Decisions are written within 7 days. Appeals to the Upper Tribunal on points of law.