The Mental Health Review Tribunal (MHRT) safeguards individuals who are detained under or subject to an Order made under the Mental Health (Bailiwick of Guernsey) Law, 2010.
About the Mental Health Review Tribunal
- The Tribunal was established in 2010 under the Mental Health (Bailiwick of Guernsey) Law, 2010
- The Tribunal has legally qualified and medically qualified members supported by local resident lay members who are appointed by the Royal Court.
- The Tribunal is made up of the Chair (who is legally qualified), a Medical Member (who is medically qualified) and a Lay Person (who has knowledge of mental health conditions).
- All the Tribunal members have received specialist training either in the UK or locally before undertaking these roles.
- The Tribunal's Clerk is available to answer any questions and can be contacted by
- telephone - 01481 223447
- by email - mhrt@gov.gg
- in writing to The Clerk, Mental Health Review Tribunal, Sir Charles Frossard House, La Charroterie, St Peter Port, Guernsey GY1 1FH.
- The Tribunal is wholly independent of the Mental Health Services and the Committee for Health & Social Care.
How to make an application to the Tribunal
- Under the Mental Health (Bailiwick of Guernsey) Law, 2010, there are a number of provisions which allow for a patient to be detained in an approved establishment for an assessment or treatment of a mental disorder where the nature of degree warrants their admission in the interests of their own health and safety or to protect another person from harm. When such Orders are made, the patient has an opportunity to have the decision reviewed by an independent body, namely the Mental Health Review Tribunal.
- An individual can make an application to the Tribunal themselves or with the support of hospital staff. An individual wishing to make an application to the Tribunal is eligible to free legal advice from one of the advocates accredited by the Legal Aid Administrator to represent applicants at a hearing. A list of the accredited advocates is attached to this page.
- The period in which such an application can be made varies depending on the type of Order. Full details can be found in section 48 of the Law.
- Section 21 where an Order is made under section 21 of the Law (i.e. for up to 28 days for assessment), an Application to the Tribunal can be made by the patient in the period between the 5th and 14th day after the Order is granted; and
- Section 24 or 26 where an Order is made under section 24 of the Law (i.e. for up to 6 months for treatment) or section 26 of the Law (i.e. for up to 6 months for treatment in the community) an Application to the Tribunal can be made by the patient any time after the day on which the Order is granted.
- The hospital refers cases to the Tribunal for review if an individual has been in hospital for an extended period and has not requested a review or cannot request a review because they lack capacity to do so.
Mental Health Review Tribunal Hearings
- The Tribunal conducts its hearings in private and the patient, together with their advocate and, if they wish, their nearest relative, may attend the hearing. The doctor overseeing their care, together with their nominated nurse and social worker will also attend.
- Before the hearing, the Tribunal's medically qualified member will review the patient's case notes and meet with the patient to discuss their illness with them.
- During the hearing, the Tribunal members will hear from those treating the patient, ask questions about the treatment and discharge plans and also hear for the patient and their advocate.
- The Tribunal generally hears cases on a Monday and uses one of the meeting rooms within The Oberlands for the hearing.
- The patient is informed of the Tribunal's decision at the end of the hearing and receives a written decision, setting out the reasons for the Tribunal's decision a few days later.
- If the Tribunal decides that the patient's detention is not needed for their own health and safety or for the protection of another person from harm, it will authorise their immediate release from the hospital. In these circumstances, if the patient wishes and agrees, they may remain on the ward as a voluntary patient.
If you have a disability or long-term health impairment and need reasonable adjustments to be able to take part in the tribunal process, please let the Secretary to the Tribunal know when you make your claim or at any time during the claim process.
