Guidance

First-tier Mental Health Tribunal: applications and referrals

What to do if you're appealing or referring someone to appeal a Health, Education and Social Care Chamber (Mental Health) Tribunal decision. (T112)

You need to fill in Form T111 to appeal (or refer someone to appeal) to the First-tier Tribunal (Mental Health).

Definition of ‘responsible authority’ and ‘hospital managers’

In relation to a patient detained in a hospital under the Mental Health Act 1983, ‘responsible authority’ or ‘hospital managers’ usually refers to the responsible:

  • Primary Care Trust
  • Strategic Health Authority
  • Local Health Board
  • Special Health Authority
  • NHS Trust
  • Foundation Trust

If the hospital is not NHS registered, ‘responsible authority’ or ‘hospital managers’ could refer to the people registered there.

In relation to a community patient (unless responsibility has been assigned elsewhere) ‘responsible authority’ or ‘hospital managers’ usually refers to the Trust, Authority or Board for the hospital where the patient was liable to be detained immediately before receiving a community treatment order (CTO).

In relation to a patient subject to guardianship, the ‘responsible authority’ refers to the relevant local authority’s social services department.

When hospital managers must refer non-restricted cases to the tribunal

They must do this for:

  • a patient who is admitted to a hospital for a Section 2 (Mental Health Act 1983) assessment
  • a non-restricted patient who is admitted to a hospital for treatment
  • a community patient
  • a patient whose CTO is revoked under Section 17F (Mental Health Act 1983)
  • a patient who is transferred from guardianship to a hospital

Time limits for referrals of non-restricted patients

A tribunal has no jurisdiction to deal with a referral made too early, so hospital managers must check the time limits before referring a case to the tribunal.

When a CTO is revoked under Section 17F, the hospital managers must, under Section 68(7) (Mental Health Act 1983), refer the case to tribunal as soon as possible after a medical professional revokes the order.

Otherwise, the hospital managers must refer the patient’s case to the tribunal at the end of 6 months beginning with the ‘applicable day’.

The exceptions are if, during that time:

  • a previous application to the tribunal has been made by (or about) a patient admitted for treatment, a community patient on a CTO, or a patient recalled or transferred back to hospital from a CTO or a Guardianship Order
  • a reference has been made in relation to a non-restricted patient by the Secretary of State (except a reference made for a patient admitted to a hospital for a Section 2 assessment)
  • a Section 68(7) reference has been made after a CTO has been revoked

A person who applies to a tribunal but later withdraws their application must be treated as not having exercised their right to apply.

If they withdraw their application after 6 months, the managers must refer the patient’s case as soon as possible after that date.

Definition of ‘applicable day’

For a patient who is:

  • subject to a Section 2 assessment, it is the day on which they were admitted
  • non-restricted and admitted to a hospital for treatment, it is the day on which they were admitted
  • non-restricted but already liable to be admitted under Section 2, it is the day on which they were originally admitted under Section 2
  • transferred from guardianship to a hospital, it is the day on which they were transferred

The conditions for non-restricted patients also apply in the case of community patients and patients whose CTO is revoked under Section 17F.

What happens after the applicable day

The hospital managers must also refer the patient’s case to the tribunal:

  • if more than 3 years have elapsed since their case was last considered by a tribunal
  • if more than one year has elapsed, for patients who are under 18

Email completed forms to: tsmhapplications@justice.gov.uk or by first class post to:

HM Courts & Tribunals Service
First-tier Tribunal (Mental Health)
PO Box 8793
5th Floor
Leicester
LE1 8BN

You must only send the form once.

Published 1 January 2012