The Mental Health Review Tribunal
It is the intention of the Department of Health (DoH), in agreement with the Department of Justice (DoJ), to partially commence provisions within the Mental Capacity (Northern Ireland) Act 2016 (the Act) for the purposes of authorising deprivations of liberty (DoL) in Northern Ireland on 2 December 2019. The partial commencement will expand the jurisdiction of the existing Mental Health Review Tribunal (MHRT), which currently hears appeals under the Mental Health (Northern Ireland) Order 1986 against detention in a psychiatric facility or guardianship, to include responsibility for hearing appeals against authorisations of Deprivation of Liberty and applications in relation to the appointment and removal of nominated persons. This will result in the renaming of the Mental Health Review Tribunal (MHRT) as the Review Tribunal for Northern Ireland on 2 December 2019. The new Review Tribunal will continue to consider the cases of patients detained under the 1986 Order. Please check back for further updates.
The Mental Health Review Tribunal is an independent judicial body, set up under the Mental Health (Northern Ireland) Order 1986 (the Order), which reviews the cases of patients who are compulsorily detained or are subject to guardianship under the Order.
The Tribunal’s function is to provide mental health patients with a safeguard against unjustified detention in hospital or control under guardianship by means of a review of their cases from both the medical and non-medical points of view.
What is the Mental Health Review Tribunal for Northern Ireland?
The Tribunal is an independent judicial body, set up under the Mental Health (Northern Ireland) Order 1986 (the Order), which reviews the cases of patients who are compulsorily detained or are subject to guardianship under the Order.
Who is on the Tribunal?
A panel comprising a legal member as President, a consultant psychiatrist and a lay member sits to consider each case.
What does it do?
The Tribunal’s function is to provide mentally disordered patients with a safeguard against unjustified detention in hospital or control under guardianship by means of a review of their cases from both the medical and non-medical points of view.
After considering all of the evidence submitted at the hearing, the Tribunal decides whether or not the patient should continue to be detained or be subject to guardianship under the Order.
How can I apply for a hearing?
A written application should be sent to the Tribunal office (at the address below). Alternatively you can fill in an application form and forward it to the office. Copies of application forms should be available at the hospital or you can telephone this office and one will be sent out to you.
Please ensure you give your full name and current address (this might be a hospital, a hostel or your home address). Please also give the name of your responsible medical officer (your consultant). This information will assist the Tribunal in processing your application.
When can I apply?
Where a patient is detained or is subject to guardianship under the Order he/she may apply to the Tribunal within the period of 6 months beginning with the date of admission (or reception into guardianship). He / she may apply to the Tribunal again each time the authority for detention / guardianship is renewed. The first renewal is done just before the end of the 6-month period mentioned above. Subsequent renewals are done annually.
In other words you can apply during the first 6 months, during the second 6 months and after each subsequent renewal (each year thereafter).
What happens after I make an application?
The Tribunal office will write to acknowledge receipt of your application.
It will then contact the Trust responsible for your care to ask for reports and documents including medical and social circumstances reports.
In the case of a restricted patient the Criminal Law Branch of the Department of Justice will also be contacted.
When arrangements for the hearing have been made, the Tribunal will write to you again to notify you of the date, time and venue for the hearing. The Tribunal will also notify you when and where the Tribunal doctor will meet with you prior to the hearing. This is most often on the morning of the hearing.
Your nearest relative (within the meaning of the Order) will be notified in writing of the date, time and venue for the hearing.
Approximately 2-3 weeks before the hearing date you or your representative will be given copies of reports so that you can prepare your case.
How can I be represented at hearing?
Most patients choose to be legally represented, however you may wish to present the case yourself or you may choose to be represented by a person other than a lawyer, e.g. a patient advocate. The Trust is usually legally represented.
You may not be represented by another patient, i.e. a person liable to be detained or subject to guardianship under the Order or a person receiving treatment for mental disorder at the same hospital as yourself.
You may personally contact a solicitor or other representative or you may ask your social worker or key worker to help you.
Where will the hearing take place?
The venue will be somewhere that is as convenient for you as possible. Most cases are held somewhere on the hospital site.
What happens at the hearing?
The Tribunal President will make every effort to ensure that the hearing is conducted as informally as possible. At the beginning he/she will introduce everyone present to you and will explain the procedure to be adopted.
The Tribunal panel will have already read the written reports submitted as evidence. It will hear the evidence of the witnesses present on behalf of the Trust (usually the Responsible Medical Officer and the social worker) and it will take into account anything that you or your representative has to say. All the parties will be given an opportunity to ask questions.
What if I am sent home on leave before the hearing date?
You should make yourself available to allow the Tribunal doctor to meet with you prior to the hearing. You will still be encouraged to attend the hearing.
What if I change my mind about having a Tribunal hearing?
You should write to the secretary of the Tribunal stating the reasons for your change of mind. The President of the Tribunal will consider these reasons, also taking account of the circumstances of your case, and will decide whether or not to accept your request to cancel the hearing. A change of mind will not prejudice your right to make further applications to the Tribunal.
When will I know the Tribunal’s decision?
You will be notified as soon as is possible, but in any case a copy of the written decision will be forwarded to you within 14 days.
What happens if my appeal is dismissed?
Judicial decisions of the Mental Health Review Tribunal may only be challenged in such circumstances by way of Judicial Review to the High Court. If you wish to apply for same you should seek timely advice in the matter.
The Mental Health (Northern Ireland) Order 1986 can be found here. Please note this is an external website.
The Mental Health Review Tribunal (Northern Ireland) Rules 1986 can be found here. Please note this is an external website.
The Mental Health Review Tribunal Amendment Rules (NI 2016) can be found here.
- Before a nearest relative (NR) can apply to the Tribunal for a review of a patient’s case they must (a) be the NR of the patient concerned and (b) have followed the correct procedure prior to making the application.
- The procedure that must be followed is set out in Article 71(4) of the Mental Health (NI) Order 1986. The NR must first write to the Trust ordering the discharge of the patient. The Trust must then write back to the NR barring the discharge. On receipt of that letter, the NR then has 28 days to apply to the Tribunal for a review of the case. The NR must send a copy of the Trust’s letter barring discharge along with their application to prove the procedure has been followed.
- The NR can, once the correct process has been followed, apply for a review of a patient’s case once a year beginning with the date of detention or guardianship of the patient.
For further information contact:The Secretary
Mental Health Review Tribunal for Northern Ireland
Royal Courts of Justice
Tel: 0300 200 7812