We are an established law firm offering a full range of company and personal legal services.
We pride ourselves in providing quality advice for businesses, families and individuals.
Hunt & Coombs have extensive experience of providing services to a large range of sectors.
We help many different businesses, not-for-profit organisations, business owners and charity trustees to advise on various legal issues.
At Hunt & Coombs, we have specialist lawyers with the technical ability and experience to provide advice and representation in complex areas of law.
We are the ideal place for you to come whenever you need legal advice or practical support.
This is an independent judicial body which reviews the need for the continued detention of patients in hospital.
If you ask the Tribunal to look at your case they will arrange a hearing to see you and your doctor. They will ask you for the full details of your case and you will be able to tell them why you want to leave hospital. They will also hear evidence from the medical reports provided by your doctor and will then make an informed decision as to whether you should be allowed to leave hospital or not.
You may wish to have a solicitor present with you at the Tribunal and help put your views across to the Panel. Because of the legal advice and assistance scheme this solicitor’s help will be free. If you would like us to assist you on this matter please feel free to contact the office.
If you would like us to help you with your application please contact us and we will arrange an appointment to come and visit you in hospital.
If you wish to apply yourself, please use the downloadable application form which is provided on the Tribunal website. They should also be able to provide this information at the hospital.
The Tribunal office will acknowledge receipt of your application and ask the hospital for reports from your doctor and social worker.
Nearer the time of your Tribunal you, or your legal representative, will be given copies of the reports to prepare for the hearing.
This will depend partly on the circumstances of the case but usually a hearing will take place between 12 and 20 weeks from the date of your application.
It will usually take place in the hospital where you are detained.
Normally a decision will be given at the end of your hearing. In any event the Tribunal must provide a written decision with reasons within 7 days.
They will listen to the arguments of both you and your legal representative and also the doctors present. Their powers are also governed by legislation under the Mental Health Act. Section 72 of the Act sets out that the Tribunal MUST discharge a person if certain criteria are not met.
For a person detained under Section 2 the Tribunal MUST discharge you if:
For a person detained under any Sections other than Section 2 the Tribunal must discharge you if:
For patients who are not subject to a restriction order, the Tribunal can also order a Community Treatment Order.
For patients who are subject to a Restriction Order, the Tribunal must, under Section 73, discharge you if they would generally do so (from the criteria above) provided that it is not appropriate for you to remain liable to be recalled to hospital for further treatment. It will then make an absolute discharge. If, however, they believe a recall will be necessary a conditional discharge will be made.
Someone who has been subject to a Restriction Order may be discharged from hospital, subject to conditions imposed by the Home Office (under Section 42 of the Mental Health Act). The conditions that may be imposed are not defined by the Act but typically include:
The decision can be challenged by an appeal to the High Court. Legal advice should always be sought before making an appeal. At Hunt & Coombs Solicitors we are able to provide help for High Court appeals and you are welcome to contact us about the appeal procedure at any time. Legal Aid may also be available for the appeal.
Solicitor
Senior Associate - Team Leader Mental Health
Partner
Senior Associate - Team Leader Mental Health
Contact Us
Or complete the form below:
Hunt & Coombs LLP is a Limited Liability Partnership registered in England and Wales, Registration no. OC320243, VAT no. 120013160. Hunt & Coombs LLP is authorised and regulated by the Solicitors Regulation Authority with Registration no. 443035. A list of members is available at 35 Thorpe Road, Peterborough PE3 6AG.
© Hunt & Coombs Solicitors 2023.