Forms & Guidance

Information for Healthcare & Social Care professionals

Applications for a hearing
Pre-Hearing Procedure
Providing pre-hearing medical reports
How do you request not disclosure of all or part of a report to the patient?
How do you apply to change the date of the hearing?
Can the patient withdraw the application prior to the hearing?
What is the purpose of the medical member’s examination?
The hearing
Postponements
Post-hearing procedure
Adjournments
Other guidance for Healthcare & Social Care professionals

Applications for a hearing

Most Tribunal hearings are the result of an application made by or on behalf of the patient and, in some cases, by the nearest relative or displaced nearest relative.

The Mental Health Act 1983 (as amended by the Mental Health Act 2007) also requires hospital managers to refer any patient admitted for treatment to the Tribunal who has not had a Tribunal hearing within the previous 6 months. In addition, hospital managers must refer any non–restricted patient who has not had a Tribunal hearing within the previous 3 years.

In a restricted case, the Ministry of Justice is required to refer to the Tribunal any patient who is subject to a restriction order/direction and has not had a Tribunal hearing for 3 years. The application forms section of this website lists all the information required. Once completed, return the form to the Tribunals Service office address as stated on the form. See application forms.

Pre–hearing procedure

Tribunal staff are responsible for acknowledging receipt of applications/references, requesting reports (ensuring all reports from hospitals and the Ministry of Justice Office are received within the statutory time scales), for arranging hearings and distributing Tribunal decisions.

It is crucial that the relevant caseworker for the patients' hospital at the Tribunal office in Leicester is aware of any special requirements such as the need for an interpreter for the patient. The caseworker should be notified as soon as the hospital administration is aware of the application/reference.

Providing pre–hearing medical reports

The Mental Health Act 1983 (as amended by the Mental Health Act 2007) places a statutory responsibility on the Responsible Authority to provide the Tribunal with a statement for restricted and non – restricted cases (other than section 2) within 3 weeks of receipt of the Tribunal's request. The Tribunal office require 6 copies of the signed and dated statement, medical report, in-patient nursing report and social circumstances reports.

In a restricted case, it is essential that, in addition, copies of all reports are sent directly from the responsible authority to the Ministry of Justice.

The Mental Health Unit at the Ministry of Justice provides updated lists of contacts for receipt of reports.

Section 2 reports (6 copies of the statement, medical report, in-patient nursing report and social circumstance reports) together with copies of the section papers, should be made available to the Tribunal members and patient's representative at least half an hour before the hearing is due to commence. Patients not represented, must also have sufficient opportunity to read the reports before the hearing begins.

In a restricted case, if the opinion of the Responsible Clinician or Approved Mental Health Professional changes from what was in the original Tribunal report(s), it is vital that this is communicated in writing, prior to the hearing, to the Tribunal office and the Ministry of Justice to allow the Secretary of State the opportunity to prepare a supplementary report.

Those responsible for completion of reports should be made aware of the statutory time scales and requirements as to the content of Tribunal reports. Social circumstances reports should always contain a post-discharge care plan, if only in skeleton form.

The Human Rights Act leaves Trusts and hospitals vulnerable to challenge where the statutory time scales as to the provision of reports are not met, particularly where the hearing is delayed or adjourned for late or non–receipt of reports. The Regional Tribunal Judge may direct Senior Managers to appear before the Tribunal to explain why reports are late.

Details of the information required for reports, in accordance Mental Health Act 1983 (as amended by the Mental Health Act 2007) can be found in the Guidance and Information section.

How do I request non disclosure of all or part of a report to the patient?

Any document/report not for disclosure to the patient should be annotated clearly and a written explanation attached as to the reasons for requesting non–disclosure. A separate document, which can be shown to the patient, should be submitted to the Tribunal Office in Leicester

The Tribunal will consider carefully the request for non–disclosure and all the issues involved before deciding whether to override the wishes of the author of the report. The Tribunal will only agree to non–disclosure where there are compelling reasons to do so, and where they are convinced that "disclosure would be likely to cause that person or some other person serious harm". The Tribunal may give direction that the reports be made available to the patient’s representative.

Please see Guidance for the Preparation of Social Circumstances Reports, which can be found in the Guidance and Information section.

How do I apply to change the date of the hearing?

Usually once a date has been fixed it will not be changed by the Tribunal office, however you can apply to the Tribunal to request a change of date. All applications to postpone the hearing/change the date must be forwarded to the Tribunal Office in writing with reasons for making the request. A Salaried Tribunal Judge’s view will be sought as to whether the change of date request should be granted.

Can the patient withdraw the application prior to the hearing?

An application can be withdrawn at any time by the patient/applicant subject to the Tribunal accepting the withdrawal. The request should be made in writing to the Tribunal Office. Where the withdrawal is received directly from the patient and that patient is represented, the representative will be approached by the Tribunal and encouraged to make contact with their client to discuss the request.

Patients not represented, must also have sufficient opportunity to read the reports before the hearing begins.

The Tribunal Office will advise where a hearing has been cancelled, for whatever reason.

Hospitals should never cancel Tribunal hearings without reference to the Tribunal Office.

What is the purpose of the tribunal (medical) member’s examination?

The Tribunal member (medical) has a statutory duty to examine the patient prior to the hearing and is entitled to see any case/nursing notes as well as taking copies of them for the purposes of the application/reference.

The tribunal member (medical) will contact the ward, Mental Health Act Administrator or Care Coordinator to make arrangements to see the patient before the hearing, explaining who he or she is, the purpose of the visit, and proposed time and date for the preliminary examination. It is important that a detained patient is told of the visit in advance and is present on the ward when the tribunal member (medical) visits. If the patient is on leave of absence the ward should make arrangements for the patient to return to the ward for the medical examination. Where a patient is on a Community Treatment Order the Mental Health Act Administrator and Care Coordinator should assist the tribunal member (medical) to arrange to meet the patient either at hospital or at a mutually agreed alternative venue.

The Tribunal Office should be informed immediately of the patient’s discharge from section or change of section. At present, notification should be made within normal office hours to the Tribunal Office in Leicester.

Where a patient refuses to be examined by the medical member of the Tribunal, he or she should advise the Tribunal Judge so that a decision can be made as to whether the hearing should proceed.

The hearing

The hearing is conducted in private unless the patient requests a public hearing and the Tribunal accepts the request. The Tribunal will seek to avoid formality to help put the patient at ease. Normally the patient will be present throughout the hearing, unless one of the parties requests otherwise. If the Tribunal agrees with the request, and accepts that the presence of the patient at a particular stage will adversely affect the patient's health or the welfare of the patient or others. The patient's representative will however be entitled to be present throughout the hearing.

The Tribunal will expect to see the Responsible Clinician or a deputy who knows the patient who, in the opinion of the Responsible Clinician, has sufficient knowledge and experience of the patient and psychiatry to represent the responsible authority. The author of the In Patient Nursing Report or a suitable deputy. It is also essential that an appropriate and Approved Mental Health Professional attends the hearing to give further, up to date information about the patient, including information on their home circumstances and after–care facilities in the event of a decision to discharge. Failure by the hospital to ensure that the appropriate people attend the hearing, as above, will be treated by the Tribunal as a serious matter, requiring an explanation by the Trust's Chief Executive Officer.

The Tribunal expects a nurse to accompany the patient to the hearing especially when the patient is not represented and the Tribunal decide to announce the decision following the hearing.

It is helpful if the Mental Health Act Administrator is present on the day of the hearing to advise the Tribunal assistant, Caseworker or Business Manager of any potential problems. Hospital, medical and nursing notes should be made available to the Tribunal on the day.

Postponements

An application to postpone a hearing must be made at the earliest possible opportunity in writing to the Tribunal Office giving reasons for the request. A Salaried Tribunal Judge will decide all pre–hearing matters relating to postponements and will do so based on individual merits. Late postponements of hearings are unlikely to be granted unless there are wholly exceptional circumstances for not doing so. See Listing Policy and Case Postponements.

Post-hearing procedure

Tribunals are encouraged to announce the decision immediately after the hearing. On occasions where the patient has gone back to the ward, the decision may be conveyed to their Solicitor, who is expected to communicate this to their client the same day. It is important that where the patient is discharged, that he/she and a representative of the hospital is also advised. Copies of the decision can be left at the hospital on the day of the hearing. A copy must be left where the patient is discharged.

Hospital Managers and all parties to the hearing should receive a copy of the written reasons for the Tribunals' decision within 3 days of a Section 2 hearing, and within 7 days for all other cases.

If the Tribunal makes statutory recommendations e.g. for transfer to another hospital or for leave of absence etc, the hospital is not legally obliged to follow them; but the Tribunal can reconvene at a later stage to find out why their recommendations have not been followed, and rehear the matter as appropriate.

Adjournments

The Tribunal has the power to adjourn a hearing. This may be for further information in the form of reports or for a witness to attend a reconvened hearing. Directions may be made as to when and how the information should be provided, and for the issuing of a subpoena if necessary. A Tribunal cannot adjourn to monitor a patient's progress.

Other guidance for Healthcare & Social Care professionals

Tribunal Judiciary – Practice Direction, Health Education and Social Care Chamber Mental Health Cases (80kb)

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