What is a Hospital Managers' hearing?
A Hospital Managers hearing is a hearing with a panel of three people who have been appointed to be on the panel, and are independent of the clinical team and hospital where you are detained.
At the hearing you can ask the Hospital Managers to discharge you from detention under the Mental Health Act.
A Hospital Managers hearing is more informal that a Mental Health Tribunal. Although it is not a court, the hearing is similar enough to a court to mean that the decision that the Hospital Managers make must be made fairly and without bias.
When can I apply for a Hospital Managers' hearing?
You can apply for a Hospital Managers hearing as often as you like during a period of detention. However, if you have recently had a Mental Health Tribunal then it is inadvisable for a full managers hearing to be heard too near to that hearing. Also, there is no duty on the Hospital Managers to review your detention if you have applied for a Tribunal.
What happens next?
After you have made your application your Responsible Clinician, your named nurse, and your Social worker/Care Coordinator will prepare reports for the hearing.
You can submit your point of view in writing to the Hospital Managers, usually by writing to your Mental Health Act Administrator. You also have the right to speak to the Hospital Managers without anyone else being present.
Will there be a full hearing?
A Mental Health Tribunal is a full hearing. This is when evidence is provided by your consultant psychiatrist (Responsible Clinician), nurse, Social Worker/Care Coordinator, and you at a formal meeting.
There is no formal procedure for a Hospital Managers hearing, and they do not have to have a full hearing. They are allowed to have a limited hearing, which means that they would only have written reports from the clinical team and an interview with you.
If you are detained under section 2 MHA a full hearing of the hospital managers will take place if you have missed the deadline for applying for a Mental Health Tribunal.
What happens at the Hearing?
There are three members of the Hospital Managers panel. None of the members are there as experts in a legal or medical capacity.
If you are having a full Hospital Managers hearing, then your Responsible Clinician; a nurse from the ward; and your Social Worker/Care Coordinator will be present. Unfortunately, Legal Aid does not cover for you to have legal representation at a Hospital Managers hearing so your solicitor may not attend.
The Hospital Managers will hear what each person has to say, including you. Unlike a Mental Health Tribunal, there is no set order in which people speak.
After everyone has explained their point of view the Hospital Managers will ask everyone to leave and will make a decision. The Hospital Managers will tell you their decision on the day of the hearing. They also have to put their reasons for coming to their decision in writing.
What powers do Hospital Managers' hearings have?
If a Hospital Managers hearing is being held to review the renewal of your detention under section, they can decide not to renew.
If you have applied for a Hospital Managers hearing then they will decide whether or not to immediately discharge your section.
Discharge
The Hospital Managers cannot discharge you if you are detained on the following sections:
- Section 5 MHA (holding powers);
- Section 35 MHA (in hospital for a report if accused of committing a criminal offence);
- Section 36 MHA (in hospital for treatment if accused of committing a criminal offence);
- Section 38 MHA (interim hospital order).
The Hospital Managers hearing can discharge restricted patients but the Secretary of State for Justice must also agree to discharge.
Section 2 MHA
The standard questions that the Hospital Managers will ask themselves are:
- Are you still suffering from a mental disorder?
- If so, is the disorder of a nature or degree that warrants continued detention in hospital?
- Should the detention continue in the interests of your health or safety or for the protection of other people?
If your Nearest Relative has asked the Hospital Managers to discharge you but your Responsible Clinician has refused, the Hospital Managers will ask themselves the questions above but also:
- If discharged would you be likely to act in a manner dangerous to other persons or to yourself?
Community Treatment Order
The standard questions that the Hospital Managers will ask themselves are:
- Are you still suffering from a mental disorder?
- If so, is the disorder of a nature or degree that makes it appropriate for you to receive medical treatment?
- If so, is it necessary in the interests of your health or safety or for the protection of other persons that you should receive such treatment?
- Is it still necessary for your Responsible Clinician to be able to exercise the power to recall you to a hospital, if that is needed?
- Is appropriate medical treatment available for you?
Hospital Managers also have a discretion to discharge patients on a Community Treatment Order and should consider whether there are other reasons why you should be discharged, including what is the least restrictive option for you and how they can help maximise your independence.
If your Nearest Relative has asked the Hospital Managers to discharge you but your Responsible Clinician has refused, the Hospital Managers will ask themselves the questions above but also:
- If discharged would you be likely to act in a manner dangerous to other persons or to yourself?
Other sections of the Mental Health Act
The standard questions that the Hospital Managers will ask themselves are:
- Are you still suffering from a mental disorder?
- If so, is the disorder of a nature or degree that warrants continued detention in hospital?
- Is continued detention for medical treatment necessary for your health or safety, or for the protection of other people?
- Is appropriate medical treatment available for you?
- Could the Mental Capacity Act 2005 be used to treat you safely and effectively?
If your Nearest Relative has asked the Hospital Managers to discharge you but your Responsible Clinician has refused, the Hospital Managers will ask themselves the questions above but also:
- If discharged would you be likely to act in a manner dangerous to other persons or to yourself?
Renewal
If the Hospital Managers hearing is to decide whether to renew your detention, then the panel also ask themselves:
- Can treatment be provided if you are not detained?
Contact Georga Godwin: Mental Health Solicitor Oxfordshire, Buckinghamshire, Berkshire
If you have further questions about a Hospital Managers' meeting, contact Georga using the online contact form or by calling 01865 596717. You can also email Georga on This email address is being protected from spambots. You need JavaScript enabled to view it..
