Abstract
Three hundred and fifty-six patients admitted under sections of the Mental Health Act (1983) were studied. One hundred and twenty-six (35%) patients appealed against their detentions and 52 of these appeals were heard. Only 18 patients were discharged from their detentions by the Tribunal in the study period. Younger patients were more likely to appeal and no patient whose first language was not English appealed in the study period. The tribunals appear to be a fair system once the opportunity to appeal is taken up.
Highlights
Three hundred and fifty-six patients admitted under sections of the Mental Health Act (1983) were studied
Patients detained under the Mental Health Act (1983) have a right to appeal to the Mental Health Review Tribunal (MHRT), whose role it is to determine whether it continues to be appropriate to detain the patient
Several factors contribute to delayed tribunal hearings and include poor administra tive practices, and late submission of reports by RMOs and other parties (Kaplan, 1995). These dperolateycstiroenproefseanpt atainenott'hserlibpeorttyen. tHiaolwfeavileinr,gthienrethies clearly a cost, not necessarily monetary, incurred by RMOsand social workers in the preparation of reports for MHRTs(Malcolm, 1994) and there are cases where an MHRT may not be in the best interests of the patient (McCloughlin, 1995)
Summary
Three hundred and fifty-six patients admitted under sections of the Mental Health Act (1983) were studied. Patients detained under the Mental Health Act (1983) have a right to appeal to the Mental Health Review Tribunal (MHRT), whose role it is to determine whether it continues to be appropriate to detain the patient. In one study only 25% of those detained appealed against their detention on Section 2 of the Act and those who appealed were more likely to be educated to at least A-level standard (Bradley et cd, 1995).
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