Mental Health Tribunal success for Tanya Jones resulting in client being discharged from their sectioning.

Tanya Jones was instructed by Rebecca Moore of Coodes Solicitors to represent their client in an application to the First-Tier Tribunal (Mental Health). 

The client had been detained under section 2 of the Mental Health Act 1983 (admission for assessment). Section 2 holds that an application for admission for assessment may be made in respect of a patient on the grounds that – 

(a)  he is suffering from mental disorder of a nature or degree which warrants the detention of the patient in a hospital for assessment (or for assessment followed by medical treatment) for at least a limited period; and

(b) he ought to be so detained in the interests of his own health or safety or with a view to the protection of other persons.

Section 72 holds the powers of the Tribunal are that they shall direct the discharge of a patient liable to be detained under section 2 of the Act it if is not satisfied –  

(i)            that he is then suffering from mental disorder or from mental disorder of a nature or degree which warrants his detention in a hospital for assessment (or for assessment followed by medical treatment) for at least a limited period; or

(ii)           that his detention as aforesaid is justified in the interests of his own health or safety or with a view to the protection of other persons.

Evidence was given by the client’s Doctor, Nurse and a Mental Health Professional. All of which recommended that they should remain in hospital detained and the Tribunal should not discharge them. Tanya made submissions that they had shown good progress whilst being detained, they were not refusing medication and demonstrated a willingness to learn about their mental illness. They had no recent suicide attempts, there was no direct evidence of any safeguarding issues to persons in the community, and overall they no longer satisfied the criteria to be met to continue being detained. 

The Tribunal held they were not satisfied the criteria had been met for being detained under the Act, which led to the panel discharging the client from their sectioning. 

To read more about Lisa, please the Clerks page here.