You’ll be told when the tribunal has received your application. You’ll get information on your rights to legal representation if you did not include a legal representative’s details in your application. Nearer the time of the hearing you’ll be given copies of reports so that you can check that the information’s correct and work out any questions you want to ask. When the hearing will happen The date of the hearing depends on your situation. You’ll usually get a hearing within: 10 days of applying if you’ve been detained for assessment 2 months if you’ve been detained for treatment 4 months if you’re a ‘restricted patient’ (you were given a restriction order by the Crown Court or you were transferred from prison with a restriction direction) Request a pre-hearing examination You can ask for a pre-hearing examination with the tribunal doctor if you want one. The doctor will be able to read your medical records. If you’ve been detained for assessment, ask in writing for the examination when you send your application to the tribunal. If you’ve been detained for treatment or you’ve received a restriction order or direction, you must ask at least 2 weeks before the hearing. Write to: HM Courts and Tribunals Service First-tier Tribunal (Mental Health) PO Box 11231 5th Floor Leicester LE1 8FR mhtenquiries@justice.gov.uk Your pre-hearing examination may take place in person or by video call. The tribunal will also receive reports from: your ‘responsible clinician’ (this could be a doctor, a nurse, a psychologist or another medical professional) the social work team responsible for your care the nursing team responsible for your care, if you’re detained in a hospital the Secretary of State for Justice, if you’ve received a restriction order or direction your social supervisor, if you’ve received a restriction order or direction and you’re living in the community on conditional discharge If you do not want to continue with your application Write to the tribunal as soon as possible if you do not want to continue with your application. The tribunal will decide whether to accept your withdrawal. You cannot withdraw your case if it was automatically referred to the tribunal, but you do not have to go to the hearing if you do not want to.

What happens at the hearing

Hearings are usually held in private. The hearing may take place in person or by video call. The tribunal will contact you and tell you how the hearing will take place. If your hearing takes place by video call, it will be recorded. You can apply for a transcript of the recording. You do not have to attend the hearing if you do not want to. If you do attend, you can leave at any time. Who attends the hearing Hearings are attended by: a judicial panel, made up of a judge, a consultant psychiatrist and a mental health specialist you, if you want to attend your responsible clinician and social worker your ward nurse, if you’re detained in a hospital your legal representative, if you have one your independent mental health advocate, if you have one your ‘ nearest relative ’, if they applied to the tribunal instead of you If you want to bring any relative you must ask the tribunal before the hearing. The tribunal will decide whether they can come. You, your relative or your legal representative can arrange for witnesses or experts to attend. Attendees from outside the UK If your representative, witness or relative is outside the UK and wants to give live video or audio evidence, contact the tribunal to request it. Tell the tribunal what country they’re in and what type of evidence is being given. You must do this as soon as possible. Where in-person hearings take place In-person hearings usually take place in either the: hospital where you’re detained location where your responsible clinician or your community team is based (if you’re living in the community) Evidence given at the hearing Your responsible clinician and your social worker will give evidence. If you’re detained in a hospital, a nurse will also give evidence. You can give evidence if you want. You can choose whether to speak first or last, and you can leave the hearing after you’ve given evidence. Anyone who gives evidence might be asked questions. The tribunal will also look at: your pre-hearing examination from the tribunal doctor, if you had one an independent psychiatric report, if you, your relative or your legal representative asked for one If you’ve received a restriction order or direction If you have committed a serious offence against a person, they or their family can ask or make ‘representations’ for certain conditions if the tribunal thinks you’re ready for discharge. Claim expenses You may be able to claim expenses for going to the hearing. This includes money for: travel costs loss of earnings food and drink, if you’re away for more than 5 hours Read the guidance on claiming expenses .

The tribunal's decision

The tribunal usually makes a decision at the end of the hearing. You’ll get the decision on the day, and you’ll usually get full written reasons within 7 days of the hearing. Depending on your circumstances, the tribunal can: order your discharge (on the same day or at a future date) recommend that you’re transferred to a different hospital recommend that you’re considered for treatment under a community treatment order recommend that you’re allowed to leave the hospital for periods of time, to see if you’re ready for life in the community recommend that you’re returned to prison, if you’re a prisoner who has been transferred to a hospital The tribunal cannot change your treatment, for example medication. Appeal If you lose your case, you can ask the tribunal: to cancel the decision - you must do this within 28 days of getting the written decision for permission to appeal to a higher tribunal (the ‘Upper Tribunal’) Ask the tribunal to cancel the decision You’ll be told how to get a decision ‘set aside’ (cancelled) if you think there’s been a mistake in the process, for example you were not told about the hearing so did not go. If the tribunal cancels the decision, you may be able to get a new hearing. Contact Citizens Advice if you need help. Appeal to the Upper Tribunal You can ask for permission to appeal to the Upper Tribunal if you think there was a legal mistake, for example if they: did not apply the correct law or wrongly interpreted the law did not follow the correct procedures had no evidence or not enough evidence to support its decision Fill in the application for permission to appeal - the address is on the form. Another judge will look to see if there’s a legal problem with your case and if it needs to be heard again. Complain You cannot complain about the decision - you can only complain about the tribunal staff and the way the hearing took place .

The tribunal will make a decision based on: Mental Health Act 1983 (as amended by the Mental Health Act 2007) Mental Health Act 2007 Human Rights Act 1998 if the case is about human rights The tribunal must follow the Tribunal Procedure (First-Tier Tribunal) (Health, Education And Social Care Chamber) Rules 2008 . Statements and reports from your responsible clinician must be written in line with the practice directions. You can read the practice directions under the ‘Contents or statements and reports’ download link on the Courts and Tribunals Judiciary website .

Apply to the Mental Health Tribunal

Q: Apply to the tribunal

Download and fill in an application to the First-tier Tribunal (Mental Health) . You must include: what you’re applying for, for example discharge if you’ve been detained for assessment or treatment the patient’s first name, surname and date of birth full details of the care coordinator and hospital the date of the section or order contact details for your ‘ nearest relative ’ (if you have one) your legal representative’s details (if you have one) whether you need an interpreter You can also include on your application form whether you’d prefer your hearing to take place in person or by video call. HM Courts and Tribunals Service will try to meet your preference but it may not always be possible. Send the form Post or email the form to HM Courts and Tribunals Service. HM Courts and Tribunals Service First-tier Tribunal (Mental Health) PO Box 11231 5th Floor Leicester LE1 8FR mhtenquiries@justice.gov.uk Contact the tribunal by phone or email if you have any questions about completing the form. The helpline and email address cannot give you legal advice. Mental Health Tribunal mhtenquiries@justice.gov.uk Telephone (England): 0300 123 2201 Find out about call charges

Overview

You can apply to the First-tier Tribunal (Mental Health) if you’re detained as a patient in a psychiatric hospital (‘sectioned’) and you want to be discharged.

You can also apply to the tribunal if you want to change:

a community treatment order
a guardianship order
a conditional discharge to an absolute discharge
the conditions placed on a conditional discharge

The tribunal is independent of the government and will listen to both sides of the argument before making a decision.

The tribunal deals with cases in England. There are different rules for Mental Health Review Tribunals in Wales and rules for Mental Health Tribunals in Scotland.

Who can apply

You can apply for yourself.

You can also ask someone to apply for you, so long as they’re not a patient in a psychiatric hospital. For example, this could be a legal representative or a family member.

Your ‘nearest relative’ can make an application without your permission.

When you can apply

When you can apply depends on how you were detained, such as if you’re a ‘restricted patient’ (you were given a restriction order by the Crown Court or you were transferred from prison with a restriction direction).

If you’re unsure about how you were detained, ask your:

‘responsible clinician’ (this could be a doctor, a nurse, a psychologist or another medical professional)
legal representative, if you have one

If you do not apply, you may still be referred to the tribunal automatically.

If you’ve been detained for assessment (‘section 2’)

You can apply within the first 14 days of being detained.

If you’ve been detained for treatment (‘section 3’)

You can apply anytime within the first 6 months that you’re detained.

If you’re detained for longer than 6 months, you can apply once in the second 6 month period, then once in every 12 month period.

If you do not apply, you’ll be referred to the tribunal automatically in the second 6 months that you’re detained. You’ll be referred again after 3 years (if you’re an adult) or after 12 months (if you’re a child or adolescent).

If you’ve been detained by a court order (‘section 37’)

You can apply between 6 and 12 months from the date of the order made by the court. After that, you can apply once in every 12 month period.

If you’re a restricted patient detained under ‘section 37’ and ‘section 41’

You can apply between 6 and 12 months from the date of the hospital order made by the court. After that, you can apply once in every 12 month period.

If you’re a restricted patient who has been conditionally discharged

You can apply 12 months after you were conditionally discharged. After that, you can apply once in every 2 year period.

If you’ve been detained for any other reason

Ask your responsible clinician or legal representative about when you can apply.

Help you can get

If you’ve made the application, you can apply for legal aid to cover the costs of any legal help you get.

You can:

find a legal advisor near you
ask the Mental Health Act administrator at the hospital to give you their list of specialist legal representatives
ask the tribunal to find a legal representative for you when you apply

You can also get advice from:

View a printable version of the whole guide

Apply to the Mental Health Tribunal

Overview

Who can apply

When you can apply

If you’ve been detained for assessment (‘section 2’)

If you’ve been detained for treatment (‘section 3’)

If you’ve been detained by a court order (‘section 37’)

If you’re a restricted patient detained under ‘section 37’ and ‘section 41’

If you’re a restricted patient who has been conditionally discharged

If you’ve been detained for any other reason

Help you can get

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Apply to the Mental Health Tribunal

Overview

Who can apply

When you can apply

If you’ve been detained for assessment (‘section 2’)

If you’ve been detained for treatment (‘section 3’)

If you’ve been detained by a court order (‘section 37’)

If you’re a restricted patient detained under ‘section 37’ and ‘section 41’

If you’re a restricted patient who has been conditionally discharged

If you’ve been detained for any other reason

Help you can get

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Help us improve GOV.UK

Help us improve GOV.UK