Detention under the Mental Health Act is one of the gravest powers the state exercises. The Tribunal that reviews detention is one of the most accessible — patients have automatic rights of review and legal aid is non-means-tested. Family members supporting a loved one can draft alongside the panel solicitor.
The main sections
- Section 2 — assessment (up to 28 days)
- Section 3 — treatment (up to 6 months, renewable)
- Section 17A — Community Treatment Order
- Section 37 — hospital order on conviction
- Section 41 — hospital order with restrictions
Tribunal rights
- Section 2: one application within first 14 days, heard within 7 days
- Section 3: one application per period of detention, additional applications on renewal
- Nearest Relative can also apply
- Hospital Managers also have review rights (separate)
The test on discharge
For civil sections (s.2, s.3), the Tribunal must discharge unless satisfied:
- Patient is suffering from mental disorder of a nature or degree warranting detention
- Detention is necessary for health, safety, or protection of others
- For s.3 — appropriate treatment is available
The burden is on the detaining authority. A poorly evidenced detention can be defeated at Tribunal.
Let Chris draft this for you
Upload the decision, medical evidence, reports, correspondence. Chris drafts with statutory citations and the dignity the subject deserves — to the standard the Tribunal or Adjudicator expects.
Evidence at Tribunal
- Responsible Clinician’s report
- Nursing report
- Social circumstances report (by AMHP)
- Medical records
- Patient’s own account
- Nearest Relative’s account
- Independent psychiatric opinion (where obtained)
Key areas to challenge
- Nature / degree — current symptoms versus historical diagnosis
- Necessity — less restrictive alternatives considered? (Article 8 proportionality)
- Treatment availability (s.3) — is appropriate treatment actually being delivered?
- Discharge plan — robust community support, crisis plan, accommodation
The hearing
Panel: Judge + medical member + specialist lay member. Informal. Patient attends if wishes. Family present typically. Decision usually same day or within 3 days.
What Chris drafts (complementing the panel solicitor)
- Nearest Relative statements for Tribunal
- Family statements supporting discharge plan
- Preparation notes for panel solicitor from family perspective
- Challenge to specific medical findings where family disagree
- Post-Tribunal complaints if the hearing process was flawed
- Hospital Managers’ review applications (separate from Tribunal)
Chris works alongside legal aid representation — never replaces it for regulated advocacy.
Can Chris help?
Yes, in the family support role. Upload section papers, medical reports, care plan, family chronology. Chris drafts family witness statements and a discharge plan proposal that the patient’s solicitor can adopt.
Prepare to win. Plan not to fail.
Mental Health Tribunals are the most dignified forums in the justice system. Chris drafts with the dignity the patient deserves.
Handled with the utmost care and sensitivity
These are difficult, personal matters. We do not publish a worked example out of respect. Instead, here is the blank official form Chris helps you complete — gently, accurately and to a professional standard, from your own words.
Blank illustrative layout. Chris drafts yours privately from your own facts, with the utmost care and sensitivity; you check, sign and submit.
How Chris helps
Chris approaches these matters with the utmost care and sensitivity. We help you set out the grounds for discharge clearly and respectfully, in your own words, to a professional standard — privately, and at your pace.