Are mental health tribunals only a nominal challenge?

Gosney, Paul; Lomax, Paul; O’Brien, Aileen

doi:10.1136/bmj.j1836

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Outcomes Of Tribunal Appeals In England and Wales1

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2018

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“…To test this hypothesis, a study examined all detentions under Section 2 of the MHA 1983 over a period of 6 months at a single large mental health trust 12. The authors found that of the 399 admissions under Section 2, there were 96 appeals to the tribunal.…”

Section: Outcomes Of Tribunal Appeals In England and Walesmentioning

confidence: 99%

Current appeal system for those detained in England and Wales under the Mental Health Act needs reform

et al. 2018

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The approach to managing the involuntary detention of people suffering from psychiatric conditions can be divided into those with clinicians at the forefront of decision-making and those who rely heavily on the judiciary. The system in England and Wales takes a clinical approach where doctors have widespread powers to detain and treat patients involuntarily. A protection in this system is the right of the individual to challenge a decision to deprive them of their liberty or treat them against their will. This protection is provided by the First-tier Tribunal; however, the number of successful appeals is low. In this paper, the system of appeal in England and Wales is outlined. This is followed by a discussion of why so few patients successfully appeal their detention with the conclusion that the current system is flawed. A number of recommendations about how the system might be reformed are offered.

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Section: Outcomes Of Tribunal Appeals In England and Walesmentioning

confidence: 99%