Mental Health Law In Essex & Suffolk

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Mental Health

The Mental Health Department represents clients who suffer from mental health problems and those who are detained under the Mental Health Act 1983;

- Section 2

- Section 3

- Section 37, Section 37/41

- Section 47, Section 47/49

- Section 17A

The Department is able advise on a client's eligibility to appeal against their detention. Where clients are eligible to appeal, the department is able to advise and represent client at Hospital Managers Hearings and Mental Health Tribunals.

Hospital managers and Mental health tribunals have the power to discharge clients in certain circumstances. If detained under a restricted section the Mental Health Tribunal have the power to absolutely or conditionally discharge.

Mental health tribunal have more powers than a hospital managers and depending on the circumstances can additionally;

- defer a discharge

- Recommend leave of absence,

- transfer to another hospital, guardianship or recommend your responsible clinician consider making an application for a community treatment order. (for patients detained under a non restricted treatment section)

Non – restricted clients can be discharged by their Responsible Clinician at any time.

Legal aid is available to those who would like to challenge their detention. Lesley Turner is the Mental Health Department Supervisor and is an Accredited Panel Member. For enquiries please contact 01702 339168.

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