Mental Health Review Tribunal – detention – human rights – s117 Mental Health Act 1983
Section 117(2) Mental Health Act 1983 does not impose an absolute duty on health authorities to comply with conditions ordered by a mental health review tribunal for the discharge of a restricted patient. The duty is one to use all reasonable endeavours and the method of resolving an impasse is for the consultant to invite the Home Secretary to refer the case back to the Mental Health Review Tribunal. If a health authority is unable, despite the exercise of all reasonable endeavours, to procure the treatment in the community required for the patient by a tribunal, the continued detention of the patient in hospital would not violate article 5 of the Convention. The legislative scheme governing the role of MHRTs is compatible with article 5 of the Convention.