Forms & Guidance

Information for Patients and Family

1. When can a patient apply to The Tribunal for a hearing?
2. Does a patient have to apply to the Tribunal in order for a hearing to take place?
3. What is the procedure for applying to the Tribunal?
4. How soon after receiving the application will a hearing take place?
5. Who will be present at the hearing?
6. Do I have to attend the hearing?
7. What happens at the hearing?
8. When will the Tribunal make its decision?
9. Can a patient have Legal Representation at a Tribunal hearing?
10. Can you appeal against a Tribunal Decision?
11. Can an application to the Tribunal be withdrawn by the patient?
12. How do I provide feedback about the hearing?

1. When can a patient apply to the Tribunal for a hearing?

Patients detained under section 2 of the Mental Health Act (MHA) who wish to appeal to the Tribunal must do so within 14 days of the start of their detention. If, between making the appeal and the hearing, the patient is transferred to a section 3, the Tribunal will still hear the original appeal and it will not affect the patient’s right to appeal under section 3.

Patients detained under section 3 of the MHA can only appeal to the Tribunal once in any 6 month period.

Patients detained under section 37 can only apply to the Tribunal after the initial 6 months period has elapsed. Thereafter, their rights of appeal are the same as for section 3 patients.

2. Does a patient have to apply to the Tribunal in order for a hearing to take place?

Some patients will automatically be referred to the Tribunal even though they did not make an application. In particular, these include:

patients detained under section 3 who have not had their detention reviewed by the Tribunal within the last 6 months:
patients who have had their detention renewed and have not appealed to the Tribunal in the last 3 years (if aged 18 years or over) or the last 1 year (if aged less than 18 years).

3. What is the procedure for applying to the Tribunal?

You, your legal representative or your nearest relative' may complete an application form. Once completed, the form needs to be sent to the address shown on the application form.. See application forms.

4. How soon after receiving the application, will a hearing take place?

For patients detained under section 2 the hearing must take place within 7 days of receipt of the application by the Tribunals office in Leicester.

For non restricted patients the hearing will normally take place within 8 weeks.

For restricted patients the hearing will normally take place within 16 weeks.

5. Who will be present at the hearing?

The Tribunal Panel is composed of a Judge and two members, one of which will be a medical specialist. The Tribunal Judge will chair the proceedings.

The patient, their hospital doctor and social worker will also be at the hearing. If the patient or their representative has provided full details of the patients nearest relative/next of kin, then they too will be invited to attend the hearing.

6. Do I have to attend the hearing?

It is your right to attend your Tribunal hearing and to have the opportunity to present your case. If you have a strong objection to attending the hearing, the Tribunal will ask for proof that you have declined of your own free will. If satisfied that is the case, the Tribunal may decide to proceed with the hearing in your absence.

7. What happens at the hearing?

The Mental Health Act Administrator at your hospital has is responsible for showing you copies of any documents they send to the Tribunal as evidence, such as medical reports.

Your doctor will explain when and where the hearing will take place, and what they intend to tell the Tribunal at the hearing. In addition, you may have your own legal representative who will explain your rights to you (see 9. Can a patient have Legal Representation at a Tribunal?).

Hearings will take place within the hospital in an informal setting.

8. When does the Tribunal make its decision?

The Tribunal normally makes its decision at the end of the hearing and will relay this to the patient or their representative at that time. This will be followed up with written reasons a few days later.

9. Can a patient have Legal Representation at a Tribunal?

All patients who appeal to the Tribunal have a right to legal representation through legal aid. The Law Society publishes an approved list of solicitors who are qualified to represent patients at Tribunals. The list can be obtained from the hospital’s Mental Health Act Administrator or from The Tribunal Panel. Alternatively you can contact:

The Law Society
Ipsley Court
Berrington Close
Redditch
Worcs
B98 0TD

Telephone 01527 517141 ext 3286
Email Patricia Fearn.

10. Can you appeal against a Tribunal Decision?

The Tribunals Courts and Enforcement Act implemented on November 3rd 2008 gives the parties a right to challenge any decision made on or after this date, providing criteria set out in Part 5 of the Act is satisfied.

11. Can an application to the Tribunal be withdrawn by the patient?

Applications can only be withdrawn prior to a hearing in writing and should be backed up by a letter from the patient’s solicitor. A Salaried Tribunal Judge will then decide whether to accept the withdrawal. An application to withdraw may also be made orally by the patient or the patient’s solicitor at a hearing to the Tribunal panel who will decide whether to accept the withdrawal.

12. How do I provide feedback about the hearing?

Providing feedback about the conduct of a member

In the first instance, any feedback about the conduct of a Tribunal member should be made in writing to the Deputy Chamber President. Please refer to the contact us page for appropriate contacts.

Providing feedback about the administration of the Tribunal

Send feedback about the administration of the Tribunal in writing to the address below:

Official Correspondence Unit
Tribunals Support Centre
PO BOX 6987
Leicester
LE1 6ZX

Email Mental Health Review Tribunal.

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