One application may be made to the Tribunal in each eligibility period. These periods vary from section to section. If an application is withdrawn it is treated as never having been made (s77(2)) so the patient can re-apply within the same eligibility period.

Section/event	Application by patient	Application by NR	Authority
Section 66: Applications to Tribunals
s2 admission for assessment	Application may only be made during the first 14 days' detention	-	s66(1)(a), (2)(a)
s4 emergency admission for assessment	At any time	-	s66(1)(a), (2)(a)
s3 admission for treatment. (This does not apply to recalled CTO patients under s17E.)	One application during first six-month period; once during subsequent six-month period; once during each annual period thereafter	-	s66(1)(b), (2)(b) (first six months). s66(1)(f),(2)(f) (following renewals). s66(2A) (disapplying s66(1)(b) for recalled community patients).
s7 guardianship application	As for s3	-	s66(1)(c),(2)(c) (first six months). s66(1)(f), (2)(f) (following renewals)
s17A CTO made (previously part II patient)	Six months beginning with the day on which the CTO was made; once during subsequent six-month period; once during each annual period thereafter	-	s66(1)(ca), s66(2)(ca) (first six months); s66(1)(fza), s66(1)(fza) (on renewals)
s17A CTO made (previously part III unrestricted patient where hospital order had been made by court within six months)	Once between the end of (a) the first six months of the hospital order and (b) the first six months of the CTO; thereafter the same as above	As for patient	s66, s69 ...
s17A CTO made (previously part III unrestricted patient but not in category above)	Six months beginning with the day on which the CTO was made; once during subsequent six-month period; once during each annual period thereafter	As for patient	s66, s69 ....
s17A CTO revoked	Six months beginning with the day on which the CTO was revoked [except where hospital order has been made by court in last six months, in which case the right to apply does not apply until after the first six months of the hospital order)	-	s66(1)(cb), s66(2)(cb)
Transferred from guardianship to hospital under s19	As for s3	-	s66(1)(e),(2)(e) (first six months). s66(1)(f), (2)(f) (subsequently)
Renewal report made under s20 and patient not discharged under s23	The period for which the detention or guardianship is renewed (see relevant section)	-	s66(1)(f), s66(2)(f)
s37 hospital order	See below under s69	See below under s69	s66(1)(f) and s69
CTO renewal report made under s20A and patient not discharged under s23	The period for which the CTO is renewed (six months for the first renewal, 12 months for subsequent renewals)	-	s66(1)(fza), s66(1)(fza)
A report is furnished under s21B(2) and subs(5) (or subs (5) and and (6)(b)) apply. This relates to AWOL patients who are taken into custody or return after more than 28 days.	The period for which the detention or guardianship is renewed (see relevant section)	-	s66(1)(fa), s66(2)(f)
A report is furnished under s21B(2) in respect of a community patient and subs (6A) (or subs (6A) and (6B)(b)) apply. This relates to community patients who are taken into custody or return after more than 28 days.	The period for which the CTO is renewed	-	s66(1)(faa), s66(1)(fza)
Barring order under s25 (for s3 or CTO patients only)	-	Within 28 days of being informed that the report has been furnished	s66(1)(g), (2)(d)
NR displaced under s29 under grounds (3)(c) or (3)(d) (where patient becomes liable to be detained, Part II guardianship, or who is a community patient)	-	In each 12-month period following date of order	s66(1)(h), (2)(g)
s69: Applications to tribunals concerning patients subject to hospital and guardianship orders
s37 hospital order - or a community patient who was subject to a hospital order immediately before the CTO. (This applies to any order having the same effect as a hospital order)	No application during first six-month period; once during subsequent six-month period; once during each annual period thereafter	As for patient	s66(1)(f), (2)(f) (patient). s69(1)(a) (which gives the NR the same rights as the patient). s55(4) (which extends the meaning of s69(1)).
s37 guardianship order	As for s3	Once in each 12-month period	s69(1)(b) (first 6 months for patient, and yearly for NR); s66(1)(f),(2)(f) (patient can apply upon each renewal);
Treated as subject to hospital order: notional s37 after restrictions expire (s41(5)); on removal from other British Isles jurisdictions under s80B(2), s82(2), s85(2)	During first six months (unlike normal hospital orders); during second six months; during each 12-month period thereafter (i.e. the same as s3)	As for patient	s69(2) (first six-month period), s69(1)(a) (giving NR same powers as patient). s55(4) (which extends the meaning of s69(1)).
Under direction having same effect as hospital order: under s47(3), i.e. s47 transfer direction (notional s37) and s47/49 transfer/restriction direction, under s48(3), i.e. s48/49 transfer of unsentenced prisoner	As above	As above	s69(2)(b) (first six-month period), s70 (subsequently, for restricted patients). s66(1)(f), (2)(f) (subsequently, for s47). s55(4) (which extends the meaning of s69(1)).
s70: Applications to tribunals concerning restricted patients
s37/41 restricted hospital order	As for s37	-	s70
s75: Applications and references concerning conditionally discharged restricted patients
Conditionally discharged patient who has not been recalled	No application during first year after discharge; once during second year; once in each subsequent 2-year period	-	s75(2)
Conditionally discharged patient who has been recalled	As for s37 but the dates run from the date of recall (or return to hospital, if later) so no longer from the original date of admission. In addition, the Home Secretary refers the case to the MHRT within the first month following return.	-	s75(1)
Miscellaneous
s35 remand for report, s36 remand for treatment, s38 interim hospital order	No right of application	-	N/A

Notes

This is in addition, where relevant, to the right to make periodic applications to the hospital managers and the right of the nearest relative to 'order' discharge under s23. NR's require High Court permission to apply to the MHRT where the patient is a ward of court (s33(2)). The Responsible Clinician (in unrestricted cases) and Ministry of Justice (restricted cases) can discharge at any time.

It is also in addition to the various powers and duties to make automatic references.

A change in status between the application and the hearing date can affect whether or not the application remains in force. For example, changing from s2 to s3 does not affect the validity of a Tribunal application (R (M) v South Thames MHRT (1997) EWHC Admin 797), whereas a change from s47/49 to s47 does (R (MN) v MHRT (2008) CO/5741/2007).

See also

• Reference Guide to the Mental Health Act 1983, 22. Applications to the First-tier Tribunal

External link

DH: Applications to the First-tier Tribunal (Mental Health) - 2/9/10 - gateway reference 14763 - Summary of when and by whom applications may be made to the First-tier Tribunal