MCA - Tribunals

The Review Tribunal (formerly the Mental Health Review Tribunal) is an independent judicial body administered by the NI Courts and Tribunals Service as an Agency within the Department of Justice. The Review Tribunal website can be accessed here.

Where an authorisation has been granted, an application can be made to the Review Tribunal in respect of the authorisation. This provides a review of the decision to ensure that it has been made in accordance with the law and that the criteria for the authorisation have been met.

The application can be made by P (the person who has been deprived of liberty), or by P’s nominated person if P lacks capacity whether an application should be made. If P has capacity as to whether an application should be made the nominated person can only do so with P’s consent.

Such an application can be made at any time during the period of the authorisation.

Where a Form 7 Statement of Incapacity to Apply to the Review Tribunal is included with a Trust Panel application, the authorisation will be referred for review by the Attorney General. This will allow the Attorney General to refer the case to the Review Tribunal for consideration on P’s behalf if it is deemed necessary.

If an authorisation has been in force for two years, or one year if P is under 18, and the Tribunal has not considered the case the HSC Trust in which the intervention is taking place must refer the case to the Tribunal for consideration as to whether the authorisation is appropriate.

Further training on the Review Tribunal (and in particular, the Review Tribunal’s Rule 6) is available through your local Trust. See ‘Useful Information and Contacts’ for your Trust’s contact details.

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