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

Applications to the Tribunal List

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Detail

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