Review Of a Voluntary Patient
Section 9 Mental Health Act 2007
A voluntary patient is a person who voluntarily remains in a mental health facility for treatment, care or observation, or a person who is admitted under section 7 as a voluntary patient by his or her guardian. Voluntary patients are generally in hospital as they can benefit from inpatient care.
When does the Tribunal review Voluntary Patients?
The Tribunal must review a voluntary patient who remains in a mental health facility at least once every 12 months (s9(1)). The Medical Superintendent of the mental health facility must notify the Tribunal of the name of any voluntary patient of the hospital whose case the Tribunal is required to review (s9(5)).
What issues will the Tribunal consider at a Voluntary Patient review?
Although the Mental Health Act does not specify the criteria to be considered by the Tribunal at the review of a voluntary patient there is a requirement that the authorised medical officer refuses admissions unless satisfied that the person is likely to benefit from care and treatment as a voluntary patient (s5(2)). The Tribunal, in keeping with the objects and purposes of the Mental Health Act, considers the care and treatment given to the patient, and the patient’s access to such care in the least restrictive environment. The Tribunal is required to consider whether the patient consents to continue as a voluntary patient and may also enquire about the patient’s understanding of his or her rights as a voluntary patient under the Mental Health Act.
What can the Tribunal decide?
The Tribunal may order that:
• the patient be discharged; or
• the patient be discharged, but defer the order for discharge for up to 14 days.
The Tribunal may also decide to make no order at all. This, in effect, indicates that the Tribunal has raised no objection to the patient continuing to be cared for on a voluntary basis in the mental health facility.
Civil Hearing Kit
For further information please select the following link to the relevant section of the Tribunal’s Civil hearing Kit: