Who Are the Hospital Managers?

Hospital Managers are a panel appointed by the hospital Trust. Their role is to review whether you should remain detained under the Mental Health Act.

They are independent from your clinical team. This means they make their own decision, separate from your responsible clinician and ward staff.

They are not the same as a tribunal. A tribunal is completely independent from the hospital. Managers are part of the Trust but must act fairly and apply the law correctly.

If you are sectioned or placed on a CTO, you should be given information about how to contact the managers. If you are unsure, ask on the ward or speak to an IMHA.

When Do Managers Review a Case?

Managers must review your detention when:

• Your section or CTO is renewed.
• You ask them to discharge you.
• Your nearest relative tries to discharge you and your responsible clinician blocks this with a barring report.

They may also review your case at other times if needed.

Managers cannot discharge you if you are detained under:

• Section 5.
• Sections 35, 36 or 38 (court sections).
• Sections 135 or 136.

If you are a restricted patient, only a tribunal or the Secretary of State for Justice can discharge you. Hospital Managers do not have the power to discharge restricted patients.

Can Hospital Managers Discharge Me?

Yes. Managers can discharge you if they believe the legal criteria for detention are no longer met.

They will consider:

• Whether you still have a mental disorder.
• Whether detention in hospital is still necessary for your health or safety, or for the protection of others.
• Whether treatment could be provided safely in the community.

They will review reports from your responsible clinician and other professionals involved in your care. You should normally be able to see these reports unless sharing them would cause serious harm.

Managers must apply the principle of the least restrictive option. This means they should not keep you detained if there is a safe and lawful alternative.

What Happens at a Managers’ Hearing?

A hearing is usually held in the hospital. You can attend and explain why you think you should be discharged.

You can have support from:

• An IMHA.
• A solicitor.
• A relative, friend or carer.

Your responsible clinician will explain why they believe detention should continue. The panel will ask questions and consider all the information before making a decision.

You should receive the decision in writing, with reasons.

How Is This Different From a Tribunal?

A tribunal is completely independent from the hospital and has wider legal powers.

You have separate rights to apply to a tribunal depending on which section you are under. A managers’ hearing does not replace your right to a tribunal.

In some situations, managers can refer your case to a tribunal if you are unable to apply yourself.

If Managers Do Not Discharge Me

If the managers decide not to discharge you, they must explain why.

You may still have the right to apply to a tribunal. An IMHA or solicitor can help you understand your options.