In this section
Forms & Guidance
Information for legal representatives
- Applying for a hearing
- Making an application
- Listing
- Withdrawals
- Postponements
- Witnesses
- Independent reports
- Directions
- Documents
- Skeleton arguments
- Guidance and information
1. Applying for a hearing
The main objective of the Tribunal is to deal with cases speedily and justly by developing a system which ensures that, so far as is practicable, an application is dealt with expeditiously and fairly, that ensures all parties are on an equal footing and that an appropriate share of the Tribunal’s resources is allotted taking into account the need to allot resources to other cases. This objective gives active expression to Article 5(4) of the European Convention on Human Rights.
The Tribunal will seek to give effect to the main objective when exercising any power given to it, and in the interpretation of any, in so far as the power or rules permit. It is essential that all parties, particularly representatives, help the Tribunal to further the main objective, through active case management.
Case management by the Tribunal will include:
- encouraging the parties to co-operate with each other in the conduct of the case;
- identifying the issues at an early stage;
- fixing timetables or otherwise controlling the progress of the case
- giving directions to ensure that the hearing proceeds quickly and efficiently;
- ensuring compliance with the relevant rules and
- making appropriate use of technology.
2. Making an application
All applications should be in writing, setting out the information required by rule 3 of the Mental Health Review Tribunal Rules 1983 and if made by you as the patient’s solicitor, the application should state that you are authorised by the patient to make the application. Once completed, submit the form to the appropriate local office as shown on the application form. Application forms can be downloaded from the following page:
3. Listing
On receipt of the application the Tribunal office will identify dates 4 to 5 weeks ahead (non-restricted) and 12 to 14 weeks ahead (restricted) whereupon you and the responsible authority will be contacted as to availability during the above periods. During this process, the case will not be listed for 48 hours pending agreement on a date. If a date is not agreed then the case will be listed for hearing by the Tribunal in any event. Flexibility will be applied in special circumstances, which should be made known at the earliest possible opportunity.
4. Withdrawals
Under Rule 19 (1) of the Mental Health Review Tribunal Rules 1983:
It is possible for an application to be withdrawn at any time if the applicant's request is in writing and the Tribunal agrees.
Under Rule 5 of the Mental Health Review Tribunal Rules 1983, the Regional Chairman, or his nominated deputy, may at any time up to the hearing of the application exercise the powers of the Tribunal under Rule 19.
The Regional Chairmen have agreed to the following Protocol for the exercise of their powers under Rule 5.
The Regional Chairmen will agree to the request to withdraw an application so long as the request is in writing, signed by the patient, and accompanied by a solicitor’s letter which confirms that the patient has freely consented to the application, and is aware of the implications of such a request.
If all the requirements of the preceding paragraph are met, the Regional Chairmen authorise the MHRT administrative offices to consent to the withdrawal on their behalf and remove the case from the list, sending a copy of this consent to the Regional Chairman's offices within 24 hours of the receipt of the application to withdraw in the MHRT administrative offices.
All other withdrawal applications will be reviewed by the Regional Chairmen on their merits.
5. Postponements
An application to postpone a hearing must be made at the earliest possible opportunity in writing to the Tribunal office marked for the attention of the Regional Chairman, giving reasons. The Regional Chairmen will decide all pre-hearing matters relating to postponements and will do so on the merits. Late postponement of a hearing is unlikely to be granted unless there are wholly exceptional circumstances. Further information may be found on the Listing Policy and Case Postponements page.
6. Witnesses
You are responsible for ensuring that all the witnesses, including experts, you may wish to call can attend on the hearing date.
7. Independent reports
A copy of any independent report(s) upon which it is intended to rely at the hearing should be sent to the Tribunal office no later than 7 days before the hearing. Late delivery of reports is likely to lead to adjournments and in turn delay and unnecessary cost.
The Regional Chairman will identify cases where there is a conflict of expert evidence and may direct the experts to contact each other to understand which issues they agree on and produce reasons for issues where they disagree.
8. Directions
The Tribunal will further the main objective by actively managing cases and powers will be exercised on an application, or on the Tribunal’s initiative, through the Regional Chairmen or the Tribunal appointed to hear the case.
Where the Regional Chairman/Tribunal takes the initiative, you may have an opportunity within a specified time to make representations. The Regional Chairman will identify any cases suitable for a preliminary or directions hearing, in chambers at their office.
If you require any directions from the Tribunal to prepare for the hearing, then you should apply in writing to the Tribunal office specifying the directions sought and giving reasons.
9. Documents
In cases where there is a large number of documents you should liaise with the other representatives to produce an agreed bundle of documents for the Tribunal’s use. The bundle should be indexed and paginated. Experience shows that the applicant’s solicitor usually undertakes the preparation but there may be circumstances when it is appropriate for another party to prepare the bundle. Every effort should be made to limit the bundle to relevant documents. The documents should be sent to the Tribunal office no later than 10 days before the hearing to allow for sufficient reading time by the Tribunal members.
10. Skeleton arguments
The Tribunal regards it as good practice to submit a skeleton argument for cases of complexity and/or involving points of law. Skeleton arguments should contain a numbered list of points, stated in no more than a few sentences. Each point should have references to documentation that is relied on later. In the case of points of law, authorities relied on should be cited with reference to the particular pages where the principle concerned is set out.
Where a Human Rights Act issue is raised, the 1st Practice Direction to Civil Procedure Rules, Part 39 (Hearings) shall apply as follows:
If it is necessary for a party to give evidence of an authority at a hearing referred to in section 2 of the HRA 1998:
- the authority to be cited should be an authoritative and complete report;
- the party must give to the Tribunal and any other party a list of the authorities they intend to cite, and copies of the reports not less than 3 days before the hearing;
- copies of the complete original texts issued by the European Court or Commission, either paper based upon, or from the Court's judgement database (HUDOC), which is available on the Internet, may be used.
11. Guidance and information
Further guidelines will be posted on this website as the Liaison Judge and the Regional Chairmen continue to develop case management procedures.
