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Forms & Guidance

Information for Patients and Family

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

Patients detained under section 2 of the MHA who wish to appeal to an MHRT 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 MHRT 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 Mental Health Act may appeal to an MHRT once in a 6 month period.

Patients under section 37 can only apply to an MHRT after the first 6 months. Thereafter, their rights of appeal are the same as for section 3 patients.

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2. Must a patient apply to the MHRT for a hearing to take place?

Some patients will automatically be referred to the MHRT even though they did not make an application. These include in particular:

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3. How to apply

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.

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

For patients detained under under section 2 the hearing must take place within 7 days of the MHRT office in Leicester, receiving the application.

For patients detained under section 3 the hearing will normally take place within 8 weeks.

For restricted patients the hearing will normally take place within 20 weeks.

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5. Who will be at the hearing?

The Tribunal Panel is composed of a lawyer, a doctor and a lay member, the legal member 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 given the nearest relative name and full address details on the application form, this nearest relative will also be invited to the hearing.

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6. Do I have to attend the hearing?

It is your right to attend a 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 to attend of your own free will. If satisfied that is the case, the Tribunal can decide to proceed with the hearing in your absence.

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7. What happens at the Hearing?

The Mental Health Act Administrator in your hospital has the responsibility to show you copies of any documents they send to the Tribunal as evidence, such as medical reports.

The doctor should also 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 an MHRT?).

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

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8. When does the MHRT make its decision?

The MHRT normally makes its decision at the end of the hearing and tells the patient or their legal representative what it is verbally, following this up with written reasons a few days later.

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9. Can a patient have Legal Representation at an MHRT?

All patients who appeal to the MHRT have a right to legal representation through legal aid. The Law Society publishes a list of solicitors who are approved for MHRT representation, which can also be obtained from the hospital’s Mental Health Act Administrator or from The Mental Health Review 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.

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10. Can you appeal against a Tribunal Decision?

As a general rule no appeal lies against the decision of a Mental Health Review Tribunal. However, there are a few limited circumstances in which the decision can be challenged by an action in the High Court. You should seek expert legal advice before embarking on this course of action. Legal Aid may be available in these circumstances. The two approaches are as follows:

Case Stated

Section 78 of the Mental Health Act 1983 provides that a tribunal may state a point of law for determination by the High Court and must do so if required by the court. There are procedures for requesting the tribunal to state a case and for an application to the High Court for an order directing the tribunal to state a case. A request to state a case or an order to do so must specify the point of law upon which a determination is sought. The form of the case is simply a short statement by the tribunal President of the point of law raised.

Judicial Review

Judicial review is the means by which the High Court exercises a supervisory jurisdiction over inferior courts such as the Mental Health Review Tribunal. This alternative procedure can not be combined with a case stated. Judicial review is the most favoured option in most cases, as it allows a broader consideration of the issues and offers a more comprehensive range of relief. There are set procedures for seeking judicial review.

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

Applications can only be withdrawn in writing and should be backed by a letter from the patient’s solicitor. The Tribunal or the Regional Chairman will then decide whether to accept the withdrawal.

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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 appropriate Regional Chairman. 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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