If you are an involuntary
patient in hospital the
1.
Mental Health Commission will do three things
for you:
We will provide a solicitor for you free of charge. He
•
or she will meet you to help prepare for your mental
health tribunal hearing.
We will arrange for a consultant psychiatrist to
•
examine you and discuss your case with you. He
or she will write a report about your case. Your
solicitor will get a copy of the report. This consultant
psychiatrist will be independent from the hospital.
We will arrange for your case to be reviewed by a
•
mental health tribunal.
All of this will happen within 21 days of the date of your
admission or renewal order.
What is a mental health tribunal?
2.
Under the Mental Health Act, everyone who is
involuntarily admitted to a hospital has their case
reviewed by a mental health tribunal. The tribunal involves
a group of trained and independent people who will look
at your involuntary admission to decide if it followed the
law and will make sure that your rights are protected. Your
tribunal generally will take place in the hospital.
How do I bring my case before a mental health
3.
tribunal if I am admitted involuntarily?
If you are admitted involuntarily, the Mental Health
Commission automatically refers your case to a mental
health tribunal.
Who sits on a mental health tribunal?
4.
Each mental health tribunal is made up of three people:
a chairperson (who is a barrister or a solicitor);
•
a consultant psychiatrist (who is not your consultant
•
psychiatrist); and
a third person (someone who is not a registered
•
medical practitioner, registered nurse, psychiatrist or
solicitor/barrister).
How will I know when the mental health tribunal
5.
is ready to hear my case?
The Mental Health Commission will contact you and your
solicitor to let you know where and when the review will
take place.
If I am discharged or become a voluntary patient
6.
before my mental health tribunal hearing, can I
still have a hearing?
Yes you can, but you must write to us to request a
hearing within 14 days of your discharge or your
becoming a voluntary patient. Your consultant psychiatrist
will give you this information. The solicitor assigned to
you will continue to represent you free of charge.
How will I know the decision of the mental health
7.
tribunal?
You will be told the decision of the mental health tribunal
at the end of the tribunal if you attend or as soon as
possible afterwards. The tribunal will also tell their decision
to your consultant psychiatrist and your solicitor.
What if the mental health tribunal decides that I
8.
should continue to be an involuntary patient?
If the mental health tribunal believe that the procedures
for involuntary admission followed the law and that you
need to stay in the hospital, their decision will be to
affirm the admission or renewal order.
Information for
Involuntary Patients
What if the mental health tribunal decides that I
9.
should not remain as an involuntary patient?
If the mental health tribunal
decides that your case does
not meet the conditions for involuntary admission, it
can revoke the order and direct that you be discharged.
If you wish, you may continue to stay in hospital as a
voluntary patient.
What can I do if I disagree with the mental health
10.
tribunal’s decision?
You may appeal the decision to the Circuit Court on
the grounds that you are not suffering from a mental
disorder. You should discuss this with your solicitor. You
must make the appeal within 14 days of the mental
health tribunal’s decision.
If you appeal and are unhappy with the decision of
the Circuit Court, you should also discuss this with your
solicitor.
For more detailed information you may wish to
refer to “Your guide to the Mental Health Act 2001”
available on our website
www.mhcirl.ie/Mental_Health_Tribunals/
or you can ask for a copy at your hospital.
You can contact the Mental Health Tribunal
division within the Mental Health Commission
on
01 636 2400.
Please note: The leaflet is only a guide to the
Mental Health Act 2001. It does not give a legal
interpretation of the Act or a complete description of
how it operates, so please do not rely on it for advice.