IF THEY DISCHARGE ME, CAN I LEAVE HOSPITAL IMMEDIATELY?
Yes you can, although you may want to stay as an informal patient while aftercare services are put in place for you.
In some cases the tribunal may not discharge you immediately, but may set a future date when you will be discharged. This may be to allow for services to be arranged for you, including aftercare services, although usually at least some of these should have been discussed and planned before your hearing.
If the tribunal does not discharge you, it may make recommendations about your future care, including whether you should continue to be cared for under section or whether, in the future, you should receive care as an informal patient.
RESTRICTED PATIENTS
If you are a restricted patient but did not come to hospital from prison, the tribunal can discharge you, but this may be with certain conditions.
If you are a restricted patient and were transferred from prison to hospital, the tribunal can recommend to the Secretary of State for Justice that you should be discharged from your section and where you should receive care and treatment after that.
WHAT IS A TRIBUNAL?
WHAT IS A TRIBUNAL? WHAT IS THE PROCESS? WHAT WILL THEY DO?
Look at your mental health and how well you are recovering Speak to you and the professionals involved in your care
A panel, independent of the hospital you are in, which you have the right to apply to so you can be discharged from your section.
Although it is a type of court the panel meets in this hospital and will feel much more informal.
WHO WILL BE THERE?
A judge; the chairperson
A medical member; a psychiatrist ( not from your hospital)
A lay person; a professional with relevant experience Your Responsible clinician
A nurse
Your social worker, or any others from your MDT Your advocate
Your nearest relative (unless you have informed the tribunal that you don’t want them present)
Everyone will be sat at a table with reports and papers in front of them.
Look at up to date reports Still fit the conditions for being sectioned should be discharged from your section and possibly leave hospital
Use this information to decide if you: or YOU HAVE THE RIGHT TO APPLY TO THE TRIBUNAL AT CERTAIN TIMES DEPENDENT ON THE SECTION YOU ARE ON, BUT YOU DO NOT HAVE TO – IT IS YOUR CHOICE.
WHO CAN REPRESENT ME?
A solicitor; If it is a mental health accredited solicitor you will be able to get legal aid. Someone you trust; family member, advocate or carer (this is very important if you are not attending yourself)
Yourself, (self-representation); you should think carefully about this, a solicitor would have knowledge of how best to put your case forward.
The judge will introduce the panel to you and confirm that the correct witnesses have attended and may briefly set out what the hearing is about. Usually, if the medical member of the panel has seen you before the hearing then they will say something about your meeting.
The responsible clinician will be questioned by each of the panel members and by your solicitor. The nurse and the social worker will then be asked questions by both the panel and your solicitor. Then you will be given the opportunity to speak to the panel. Your solicitor may ask you some questions first, and then the panel will ask you questions.
THIS IS WHAT NORMALLY HAPPENSS DURING A TRIBUNAL: 1. 2. 3. 4. 5. 6.
If your nearest relative or family members or carers have attended then the panel may ask them questions, for example about living arrangements or their views about your being discharged. Your solicitor will summarise your case to the panel and will say why the section should be lifted, if that is what you want.
