Tribunal Rules

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On 3/11/08 the Tribunal systems in both England and Wales changed, but in different ways. In England, the Mental Health Review Tribunals were abolished and became part of the Health Education and Social Care chamber of the First Tier Tribunal. In Wales, the Tribunal remained the Mental Health Review Tribunal for Wales.

England - First-tier Tribunal Wales - MHRT for Wales
Rules and Practice Directions/Guidance

Other guidance

Old documents

  • Practice Statement: Delegation of functions to staff on or after 2 November 2010 — On 2/11/10 the Senior President of Tribunals issued a Practice Statement delegating the following functions to the appropriate administrative staff: (1) the issue of non-compliance directions in relation to late reports; (2) the giving of consent to a notice of withdrawal if (a) lodged by a legal representative, (b) received not less than seven days before the hearing, (c) there is no concurrent application/reference, (d) there is no reason to believe it is a 'tactical ploy'; (3) the correction of clerical mistakes, and accidental slips and omissions, in written decisions and directions, if clear and obvious. Within 14 days of the administrative decision being sent, the receiving party may apply for the decision to be considered by a judge.
  • Guidance Booklet: Reports for Mental Health Tribunals — This booklet contains and expands on Practice Direction: Health Education and Social Care Chamber: Mental Health Cases. It was first published on 7/9/10, and was updated on 4/4/12 to reflect changes made by the Tribunal Procedure (Amendment) Rules 2012.
  • Guidance: References made under section 68(7) Mental Health Act 1983 (as amended) — On 22/7/10 the Deputy Chamber President issued guidance to the effect that a reference made under s68(7), triggered by the revocation of a CTO, will be treated as having lapsed if the patient subsequently is placed on a new CTO. The guidance was amended slightly on 22/9/10. The guidance also asserts that (1) ignoring the reference means that it is treated for the purposes of s68(3)(c) as if it had never been made, so that the normal s68(2) six-month duty to refer still applies; (2) if a six-month reference is made prematurely then, even if the six months will have elapsed by the time of the hearing, the Tribunal must strike out the proceedings under Rule 8(3)(a) for lack of jurisdiction; (3) a reference made under s75(1)(a), triggered by the recall of a conditionally-discharged patient, lapses if the patient subsequently is again conditionally discharged. Insofar as it relates to the lapsing of references, this policy is unlawful: PS v Camden and Islington NHS Foundation Trust (2011) UKUT 143 (AAC).
  • Important notice: Operation of section 77(2) MHA 1983 - disregarding withdrawn applications — On 8/12/08 the Chamber President issued a notice explaining that, until the Mental Health Act 1983 is amended in 2009, a patient who withdraws an application to the English Tribunal cannot reapply within the same period of eligibility; instead, he must ask for the original application to be reinstated. The necessary amendment came into force on 1/6/09 so this notice, although still on the Tribunals Service website, no longer applies.
Rules and Practice Direction


Appeals

Appeals go to the English Upper Tribunal.


Other links

England & Wales
Upper Tribunal

The Upper Tribunal (Administrative Appeal Chamber) replaces judicial review in relation to Tribunal decisions.

First-tier and Upper Tribunals

Legal Action articles (reproduced by kind permission)

Old rules
Until 3/11/08, the Mental Health Review Tribunal Rules 1983 apply to the MHRT in both England and Wales.
Other external links

Related legislation

The following is an automatically-generated list of the pages in Category:Tribunal legislation:

See also

Summary of Tribunal Rules

Mental Health Review Tribunal

Tribunal forms

Related book

Phil Fennell et al, Mental Health Tribunals: Law, Policy and Practice (Law Society, 2013)