Your rights to a legal representative and an appointment with the tribunal doctor
Updated 27 August 2025
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A mental health tribunal hearing will be arranged for you. This is because the law states that your case needs to be reviewed by a tribunal who will decide what happens with your care. You can also apply for a hearing yourself.
Find out more about mental health tribunals by visiting our online guidance www.gov.uk/mental-health-tribunal
1. The tribunal panel
A tribunal is a special hearing made up of 3 people who are called the ‘panel’ who are:
- a judge who chairs the tribunal
- a tribunal doctor who is a consultant psychiatrist
- a specialist member with mental health expertise
This panel will decide whether the section you have been placed under, as part of the Mental Health Act, should be lifted. They will decide this after reading reports about you and from talking to you (if you want to) and the team looking after you.
None of the panel have any connection with the clinical or social work team looking after you.
You will get to meet the panel at your tribunal hearing.
2. What happens during the tribunal panel hearing
You can take someone with you to your tribunal, such as a nurse, your legal representative or an advocate (someone who can explain the process to you and make sure you understand what’s going on). As well as an interpreter if needed.
The tribunal can be held at the hospital where you are staying. Or if you are living in the community, it will be held at the location where your clinical team is based. Sometimes the hearing is held over video. If it is a video hearing, it will be recorded. You might be able to apply for the hearing transcript.
If you saw the tribunal doctor before the hearing, for a pre-hearing examination, the judge will read an account of your meeting to the panel. You can correct the account if you feel it is wrong.
3. Arranging to meet the tribunal doctor
Depending on which section of the Mental Health Act you have been placed under, you can ask to meet the tribunal doctor separately, without the rest of the panel present. This is called a ‘pre-hearing examination’.
You can meet the doctor either in person or by video. The time and date depend on the doctor’s availability.
What you say to the tribunal doctor will be shared privately with the judge, who will then give an account to the attendees at the hearing.
You should ask for a pre-examination hearing in writing at least 14 days before the day of the tribunal hearing. This is to give the tribunal enough time to arrange it. In some circumstances the tribunal will consider late requests.
Send your request to:
HM Courts and Tribunals Service First-tier Tribunal (Mental Health)
PO Box 8793
Leicester
LE1 8BN
Telephone: 0300 123 2201
Email: mhtenquiries@justice.gov.uk
If you cannot attend the hearing, the tribunal might ask the doctor to visit you if appropriate.
If you do not want to meet the tribunal doctor, you can still tell the tribunal panel what you want during the hearing. You will be invited to speak to the panel both at the start and the end of your hearing.
4. Using a legal representative
You, or those who are helping you such as family, can arrange for a legal representative., This is someone who will go through your options with you and help you to decide what’s best for you.
They will have access to your reports and notes. They can also help you to prepare for the panel hearing and can answer questions on your behalf.
If you don’t feel you can arrange for your own legal representative, you can ask the tribunal office to arrange one for you.
Whether you arrange for one or the tribunal does, you do not have to pay anything. The costs are covered by Legal Aid. Complete the ‘Your rights to legal representation and to see the tribunal doctor form (T129)’.
5. Help and support
5.1 Find a legal adviser
A legal adviser might be able to help you solve a problem, or give you advice about what to do next.
5.2 Citizens Advice
A charity and network of local charities, offering free, confidential advice online, over the phone, and in person.
Telephone 03444 111 444 Monday to Friday 9am to 5pm, closed on bank holidays.
5.3 Rethink
A charity offering help and advice for all those touched by mental illness.
5.4 MIND
We give advice and support to empower anyone experiencing a mental health problem.
Telephone 0300 102 1234 Monday to Friday 9am to 6pm, closed on bank holidays. Email info@mind.org.uk
5.5 Samaritans
Offering a listening service to anyone struggling to cope, without judgement or pressure.
Telephone 116 123 Open for calls 24 hours a day, 7 days a week.
5.6 Sane
Work with anyone affected by mental illness, including families, friends and carers.
Telephone 0300 304 7000 Monday to Friday, 4pm to 10pm.