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Although rule 8(1) of the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 provides that only rule 8(3) applies to mental health cases, the requirement in rule 8(5) that the applicant be given a chance to make representations also applies.
A patient who lacks capacity to decide to apply to the First-tier Tribunal cannot make or authorise anyone else to make an application. This does not involve a violation of the patient’s Convention rights, as the package of rights and duties under the Mental Health Act 1983 and the Mental Capacity Act 2005 provides sufficient protection.
Published 26 January 2017