Mental Health Act 20266

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Review by review board of involuntary admission order or renewal order

31. (1) Following a referral by the Commission of an involuntary admission order or a renewal order to a review board under section 30 , the review board shall review the involuntary admission of the person concerned, having regard to the documents provided to it under section 30 (8).

(2) Where a review board has reviewed the involuntary admission of a person under subsection (1), the review board shall either—

(a) affirm the involuntary admission order or renewal order, as the case may be, if the review board is satisfied that the person has a mental disorder which fulfils the criteria for involuntary admission and either of the following applies—

(i) the provisions of sections 8 , 11 to 25 and 37 , where applicable, have been complied with, or

(ii) if there has been a failure to comply with any such provision, that the failure does not affect the substance of the order concerned and does not cause an injustice,

or

(b) revoke the involuntary admission order or renewal order the subject of the review, as the case may be, if the review board is not so satisfied.

(3) Subject to subsection (4), the review board shall carry out the steps under subsections (1) or (2), as the case may be, as soon as may be, but in any event not later than 21 days, or such shorter period as may be prescribed, after the date of making of the order concerned.

(4) The period referred to in subsection (3)—

(a) shall be extended by order by the review board for a period of up to 7 days upon the request of the involuntarily admitted person or his or her legal representative, and

(b) may be extended by order by the review board—

(i) of its own motion, for a period of up to 7 days, or

(ii) either of its own motion or at the request of the involuntarily admitted person or his or her legal representative, for a further period of up to 7 days from the date of the expiry of an order made under paragraph (a) or (b)(i) where the review board is satisfied, on the basis of the issue or issues raised and the facts presented, that a further extension is reasonable having regard to the guiding principles.

(5) Where an involuntary admission order or a renewal order, as the case may be, is affirmed under subsection (2)(a), the chair of the review board shall, as soon as may be after the decision is made on the day of the hearing, notify its decision and the reasons for it in the form specified by the Commission to each of the following persons:

(a) the involuntarily admitted person and, where applicable, his or her legal representative;

(b) the Commission;

(c) the responsible consultant psychiatrist;

(d) any other person to whom, in the opinion of the review board, such notice should be given.

(6) Where an involuntary admission order or a renewal order, as the case may be, is revoked under subsection (2)(b)—

(a) the chair of the review board shall, as soon as may be after the decision has been made on the day of the hearing, notify in writing its decision and the reasons for it in the form specified by the Commission to the parties specified in paragraphs (a) to (d) of subsection (5), and

(b) immediately upon notification under paragraph (a), the clinical director of the registered acute mental health centre shall discharge the involuntarily admitted person in accordance with section 40 unless his or her detention is authorised otherwise than under this Act.

(7) In addition to providing written notification of a decision to an involuntarily admitted person under subsection (5)(a) or (6)(a), the review board shall also notify an involuntarily admitted person of its decision in person at the hearing unless the person requests otherwise.

(8) The decision of a review board to affirm a decision under this section shall set out in writing the reasons for each matter which it was required to consider when considering whether or not to affirm that decision.

(9) In this section, references to an involuntary admission order shall include references to the recommendation for involuntary admission and the application for a recommendation for involuntary admission to which the admission order concerned relates.