I am familiar with the real time activity of tribunals that may release section 2 inmates if they do not exhibit the criteria to justify detention. Do they have any powers to investigate past cases where a person was possibly incorrectly detained. Tier 1 and other?
Hi Andrew. No. Here is how Brenda Hale summarises the powers and duties of Tribunals in her book ‘Mental Health Law’:
The Tribunal are not concerned with whether the admission procedures were properly caried out; the legality of the patient’s detention must be challenged by habeus corpus or judicial review.
Those routes could be used to challenge the ongoing detention of a patient. I’m not sure either would be suitable to challenge things in the past.
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