Hospital Managers' Hearing

From WikiMentalHealth

A hearing somewhat similar to a Mental Health Review Tribunal, with broadly similar powers. In contrast with Tribunals, they cannot themselves discharge restricted patients and, arguably, can grant deferred discharges to take effect when a future event occurs in addition to on a future date. In practice, rather than granting deferred discharges, they tend to schedule a further hearing.

An application to the Hospital Managers can be made at any time during detention, depending on the circumstances, they may decide not to conduct their review by way of a hearing. In practice, the review is invariably by way of a hearing, but often the hearing is arranged so as not to be too close to other hearings.

The managers must hold a review (1) when the patient requests that the managers discharge him, (2) after a renewal under s20, or (3) following the issue of a barring order.

The managers unfettered power to discharge is contained in s23; guidance on procedure and discharge criteria can be found in the Code of Practice.