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Listing Policy and Case Postponements

  1. On receipt of an application from a patient, [other than s.2 application], a menu of several available dates 4-5 weeks ahead will be identified by the Listing Team [12-14 weeks ahead if the case is a Restricted case]. One of these dates will be offered to the Hospital MHA Administrator and to the patient's Legal Representative by telephone, within 24 hours of receipt of the application. If this date is not suitable, other dates can be negotiated within the 48 hour window (see below).
  2. The Hospital MHA Administrator and Legal Representative will be requested to respond by telephone to the Listing Team, setting out which of these dates would/would not be suitable hearing dates, within 48 hours of the initial telephone request. The Hospital MHA Administrator will be expected to have confirmed the suitability of these dates with the RMO or their nominee, prior to telephoning the Listing Team.
  3. In the light of these responses the Listing Team will list the case, and confirm the hearing date by telephone to the Hospital MHA Administrator and the Legal Representative/patient, with a follow-up confirmation letter. The whole listing process should therefore be completed within 72 hours of the initial application being received.
  4. If the parties do not respond within this timescale, a hearing date will be imposed by the Listing Team, and all the parties informed accordingly.
  5. Once a hearing date has been fixed and notified to the parties, only the Regional Chairman or his Deputy shall be empowered to authorise any subsequent change of date.

The Regional Chairmen have issued 'Guidelines on Grounds for Postponement of Listed Cases,' indicating what might constitute reasonable grounds to apply for a postponement, which are attached to this letter. However, bearing in mind the patient´s absolute right to a speedy determination of their appeal as guaranteed by Article 5 of the European Convention of Human Rights, date changes will not be easily agreed.

Regional Chairmen's Guidelines on grounds for postponement of listed cases

We hope that the new listing procedures will go some way to reducing the number of requests for postponements. Our overriding objective is to provide a just and speedy outcome to applications concerning the deprivation of liberty. Unnecessary postponements defeat this object by causing delay and extra administration and cost.

The considerable pressures on doctors and social workers are well understood, but every effort should be made to appoint and inform a deputy if the main witness is, for good reasons, unable to attend the hearing. Every effort should be made to preserve the hearing date.

There is an increasing reliance in the mental health system on locum consultant psychiatrists and it is appreciated that many are not engaged on a full-time basis. Every effort will be made under the listing procedures to accommodate their working days but there will be occasions when it is not possible to achieve this. In these cases, we would regard it as an obligation on a locum to attend the hearing to give evidence because of the issue of the deprivation of liberty.

The Regional Chairmen will decide requests for case postponements on their merits. Subject to this, you may find the following guidelines of assistance to you.

  1. Where a Tribunal hearing date has been notified to the parties, it will not be altered unless there are exceptional circumstances for doing so.
  2. All requests to change a notified date should be in writing and give sufficient reasons. Statements such as the date is “inconvenient” or “the RMO has other commitments” will not be accepted.
  3. It is preferable that requests are submitted by the Mental Health Administrator, or the patient's Legal Representative.
  4. Requests should be made, whenever possible, in good time. Late requests will not be looked on favourably unless there are wholly exceptional circumstances.
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