Guidance

Mental Health Act: referrals to First-tier Tribunal

Sets out when the Secretary of State can refer patients to the First-tier Tribunal under section 67 of the Mental Health Act and how to request a referral.

Documents

Details

Section 67 of the Mental Health Act 1983 gives the Secretary of State for Health the power to refer the case of non-restricted patients to the First-tier Tribunal (Mental Health).

The tribunal’s main purpose is to review the case of patients detained or subject to supervised community treatment under the Act. Anyone, including hospital managers, local social services authorities, nearest relatives and patients themselves, may ask the Secretary of State to consider making a reference to the First-tier Tribunal.

These documents include:

  • a briefing on when the Secretary of State can make a referral and how to make a request for a referral
  • a list of circumstances in which applications can be made to the tribunal and an explanation of who can make them
Published 2 September 2010
Last updated 14 August 2019 + show all updates
  1. ​​The documents ‘References by the Secretary of State for Health to the First-tier Tribunal’ and ‘Applications to the Tribunal List’ have been replaced with new versions. The only change is that DHSC contact details have been updated.​
  2. Changes made to 'References by the Secretary of State for Health to the First-tier Tribunal', to incorporate change of contact details.
  3. First published.