asked Her Majesty's Government:

How many appeals have been (a) made and (b) successful against decisions of Mental Health Act tribunals in each of the past five years for which figures are available. [HL3254]

There is currently no right of appeal against the decision of a mental health review tribunal (MHRT). Decision of the MHRT may only be challenged by judicial review. There is no historical information which provides details of the number of decisions of MHRTs which have been challenged by judicial review. There is no historical information which shows the outcome of decisions of MHRTs challenged by judicial review.

asked Her Majesty's Government:

On how many occasions the Secretary of State for Justice and his predecessors have appealed against decisions of Mental Health Act tribunals; and how many of these appeals have been successful. [HL3255]

My right honourable friend the Secretary of State for Justice and Lord Chancellor (Jack Straw) and the mental health review tribunal operate in parallel to achieve a balance between the need to protect the public from serious harm and the rights of individual restricted patients to seek independent judicial review of the lawfulness of their detention for treatment.

The Secretary of State sometimes seeks judicial review of the tribunal's interpretation of its powers or whether its decision-making has been a reasonable or adequately explained response to the evidence. The tribunal is charged with taking an independent decision, and the Secretary of State does not seek review simply because he disagrees with the tribunal's conclusion.

No central record is kept of the occasions when he has sought review of the tribunal's process.