Mental Health Tribunal Section 2 cases during Christmas 2020
Christmas can be a difficult time for many of us in any given year. This year has been particularly difficult, presenting new challenges and situations for us all.
For our clients and ourselves, this has included adapting to the new remote Mental Health Tribunal procedure.
During the Christmas period we will continue to assist those who need it with regards to detention under the Mental Health Act (MHA). This includes those detained under Section 2. Below is some information about the listing of Section 2 cases during the Christmas period.
What is Section 2 of the MHA?
Section 2 allows a person to be detained in hospital for a period of up to 28 days. The purpose of this Section is usually to allow for assessment. Therefore, those who have never been detained before under the Mental Health Act or have had a significant period of time since their last admission may be detained under Section 2.
In order to detain a person under Section 2, the assessing professionals must conclude that the person is suffering from a mental disorder. The disorder must be of a nature and/or degree to warrant detention. This means that the current symptoms and specifics of the disorder should be considered. The detention must also be justified for reasons relating to the person’s own health and/or safety or the protection of others.
Can I appeal?
If you are detained under Section 2, you have the right to appeal to the Mental Health Tribunal. You may do so once within the first 14 days of detention. We are able to submit the application on your behalf.
How long will it take?
Section 2 cases are listed quickly and you can expect your hearing to take place 7-10 days from the date of application.
Over the Christmas period, the Tribunal service will aim to list all cases received by Thursday 17 December for a hearing on or before Wednesday 23 December.
The Tribunal office will close at 5:00pm on Wednesday 23 December and will re-open on Tuesday 29 December 2020. Any applications received during this period will be deemed to have been received on 29 December, and therefore a hearing is likely to be listed in the new year.
How to contact us
We appreciate that these are difficult times and would encourage any one who has any questions relating to the Mental Health Act to contact us. We are always willing to help wherever possible.