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
- Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 — These are the rules for the new Health, Education and Social Care Chamber which came into force on 3/11/08. This page was last updated on 16/8/15.(D)
- Practice Direction: First-tier Tribunal Health Education and Social Care Chamber: Statements and Reports in Mental Health Cases — This Practice Direction relates to the contents of reports required for mental health cases. In force 28/10/13 (superseding previous versions).(D)
- Practice Direction and Guidance: Medical Examinations  MHLO 43 — This document, dated 11/3/14, explains the regime in relation to medical examinations in cases received by the tribunal on or after 6/4/14. This page of the website contains a detailed summary of the changes.(D)
- Practice Statement: Delegation of Functions to Staff and to Registrars on or after 27 April 2015  MHLO 36 — The Practice Statement sets out the functions which may be carried out by clerks and registrars at the Tribunal secretariat. It replaces Practice Statement: Delegation of Functions to Staff and to Registrars on or after 10 June 2014  MHLO 44. In force 27/4/15. The two changes are: (1) para 2(a) (in relation to standard non-compliance directions) now refers to "the defaulting person" rather than "the defaulting party"; and (2) para 2(c) (in relation to consent by clerks to withdrawal) now states "...subject to the notice of withdrawal being received by the tribunal 48 hours or more before the scheduled start time of the hearing of the application to the tribunal; and subject to the case not being part-heard, there being in existence no concurrent application or reference, and no other reason for tribunal staff to believe that consent to the withdrawal should be refused, such as it appearing that the withdrawal is merely tactical" (the "48 hour" text replaces "not later than 4.30pm on the day before any listed hearing" and the other italicised text is new).(D)
- Practice Guidance: Mental Health jurisdiction: Postponements and adjournments following recent changes in listing practice  MHLO 48 — This document (dated June 2014, published 18/7/14) is based on internal guidance (in January 2014) to salaried tribunal judges and registrars which had set out factors which they 'may wish to take into account' when considering requests to postpone and adjourn a hearing.(D)
- Tribunal Procedure: Failure to submit reports to the tribunal on time (17 April 2015)  MHLO 38 — This letter to MHA Administrators sets out their duties in relation to an amended HQ1 form (which must be used from 5/5/15) and a related email to "stakeholders" sets out the duties of representatives. (1) The CNL1 letter will direct MHA Administrators to (a) provide contact details for all the responsible authority's witnesses, including any out-of-area social circumstances report author; (b) advise the tribunal if any details change; (c) certify that the information can be relied upon by the tribunal for service of directions and summonses. (2) When a report or statement is not received within the three-week deadline, a specific direction will be sent - generally by secure email - to the person at fault, requiring the evidence within 7 days, and warning that a referral may be made to the Upper Tribunal for consideration of a personal penalty. (3) If the required contact details have not been provided then any directions or summonses will be sent to the Chief Executive or Medical Director. (4) Representatives need only complete the patient details and listing parts of form HQ1 and, while form HQ2 is no longer required, the CNL2 letter will contain a reminder to (a) make representations if half a day is not a suitable time estimate; (b) inform the tribunal early if an interpreter is required; (c) use best endeavours to request any withdrawal at least two full working days before the hearing start time, and provide reasons for requests within that period.(D)
- Practice Guidance: Enforcement Procedure, Directions and Summonses (24/7/17) — This document contains the following headings: (1) The Responsible Authority’s duty to provide its written evidence within 3 weeks; (2) The Responsible Authority’s duty to cooperate with the tribunal, and provide the full identity and secure contact details of its statement and report writers; (3) The Responsible Authority’s duty to arrange for the attendance of witnesses; (4) The Legal Representative’s Duties; (5) What will the tribunal do to enforce compliance? (6) The MH5 direction to a named person to immediately provide written evidence; (7) Failure to comply with a personal MH5 Direction to give written evidence; (8) Summonses.(D)
- Practice Guidance on Procedures Concerning Handling Representations from Victims in the First-tier Tribunal (Mental Health) — This guidance sets out the procedures for handling representations from victims. In force 1/7/11.(D)
- Nursing Reports - Advice to Panels from Regional Tribunal Judges — Advice on whether the report author should give oral evidence, and on matters about which it is appropriate for nurses to give evidence. Issued 23/2/09.(D)
- Guidance for the observation of Tribunal hearings — This guidance, dated 5/11/09, deals with the various categories of observers and the terms on which they may be permitted to attend Tribunal hearings.(D)
- Practice Statement: Composition of Tribunals in relation to matters that fall to be decided by the Health, Education and Social Care Chamber on or after 18/1/10 — This Practice Statement sets out the composition of Tribunals required for the taking of various decisions.(D)
- Practice Note: Role of the Independent Mental Health Advocate in First-tier Tribunal (Mental Health) Hearings — This guidance, issued in May 2011, clarifies the role that IMHAs should play in tribunal hearings. It contains the following main headings: (1) Introduction; (2) What Problems have Arisen?; (3) What is the Role of the IMHA?; (4) Attendance at the Hearing; (5) Relationship with the Legal Representative; (6) Giving Evidence; and (7) Access to the Tribunal’s Decision. The guidance, while acknowledging that an IMHA may be a 'representative' within the Tribunal Procedure Rules, is based on an expectation that ordinarily the IMHA should play a role distinct from the role of the legal representative.(D)
- Direction applicable to all Applications and References in Mental Health Cases received by the Tribunal on or before 4 April 2014 but not finally disposed of by the Tribunal on or before date  MHLO 45 — The text of this direction, dated 6/4/14, is as follows: "In accordance with Rule 5(1) and (2), and Rule 34(2)(c) I direct that: (1) In relation to all applications and references in mental health cases received by the tribunal on or before 4th April 2014 but not finally disposed of by the tribunal on or before that date, the appointed Panel Medical Member must, so far as practicable and having regard to any expressed wishes of the patient, examine the patient in advance of the hearing in order to form an opinion of the patient’s mental state; (2) In any such case, the Panel Medical Member may interview the patient in private."(D)
- 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. Now see Practice Statement: Delegation of Functions to Staff and to Registrars on or after 27 April 2015  MHLO 36.(D)
- 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.(D)
- 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  UKUT 143 (AAC).(D)
- 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.(D)
- Practice Statement: Delegation of Functions to Staff and to Registrars on or after 10 June 2014  MHLO 44 — The Practice Statement sets out the functions which may be carried out by clerks and registrars at the Tribunal secretariat. It replaces Practice Statement: Delegation of functions to staff on or after 2 November 2010 (2/11/10) and a further direction (dated 14/1/13) in relation to registrars. In force 10/6/14. It was superseded by Practice Statement: Delegation of Functions to Staff and to Registrars on or after 27 April 2015  MHLO 36.(D)
|Rules and Practice Direction
Appeals go to the English Upper Tribunal.
|England & Wales
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)
|Until 3/11/08, the Mental Health Review Tribunal Rules 1983 apply to the MHRT in both England and Wales.
|Other external links
The following is an automatically-generated list of the pages in Category:Tribunal legislation:
- Mental Health Review Tribunal Rules 1983 — N.B. From 3/11/08 these rules will no longer apply. See Tribunal Rules for details.
- Mental Health Review Tribunal (Amendment) Rules 1996 — SI 1996/314 amends the following MHRT Rules: r2, r3, r6, r7, r8, r9, r10, r11, r19, r23, MHRT Rules sch 1 part A, and MHRT Rules sch 1 part B.
- Health and Social Care (Community Health and Standards) Act 2003 (Supplementary and Consequential Provision) (NHS Foundation Trusts) Order 2004 — SI 2004/696 amends r2, r7, r8 of the MHRT Rules 1983.
- Mental Health Review Tribunal (Amendment) Rules 1998 — SI 1998/1189 amends r7, r25 and r29 of the MHRT Rules 1983.
- Lord Chancellor (Transfer of Functions and Supplementary Provisions) Order 2006 — SI 2006/680 amends MHRT Rules r8.
- Transfer of Tribunal Functions Order 2008 — This order, which came into force on 3/11/08, made under the Tribunals, Courts and Enforcement Act 2007, amongst other things, creates the First-tier Tribunal and the Upper Tribunal.
- Tribunals, Courts and Enforcement Act 2007 — This Act amends the Tribunals system. See also: Tribunal Rules.
- Mental Health Review Tribunal for Wales Rules 2008 — These new rules for the Mental Health Review Tribunal for Wales came into force on 3/11/08.
- First-tier Tribunal and Upper Tribunal (Chambers) Order 2008 — This order, which came into force on 3/11/08, made under the Tribunals, Courts and Enforcement Act 2007 organises and sets out the functions of the various new Tribunal chambers.
- Tribunal Procedure (Upper Tribunal) Rules 2008 — These are the rules for the new Upper Tribunal, which come into force on 3/11/08. The amendments made by the Tribunal Procedure (Amendment) Rules 2009, with effect from 1/4/09 are reflected in the text below; further amendments have since been made.
- Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 — These are the rules for the new Health, Education and Social Care Chamber which came into force on 3/11/08. This page was last updated on 16/8/15.
- Discipline of Judges (Designation) Order 2008 — This order makes certain people subject to the disciplinary provisions of the Constitutional Reform Act 2005.
- Practice Direction: Health Education and Social Care Chamber: Mental Health Cases — This is the first practice direction, and relates to the contents of reports required for mental health cases. It applies in England to cases started on or after 3/11/08. It supersedes the schedule to the old rules which contained similar requirements - one major change is that a nursing report is now required - and from 6/4/12 is superseded by Practice Direction: First-tier Tribunal Health Education and Social Care Chamber: Statements and Reports in Mental Health Cases.
- Appeals from the Upper Tribunal to the Court of Appeal Order 2008 — This Order, which came into force on 3/11/08, states that permission to appeal to the Court of Appeal shall not be granted unless the Upper Tribunal (or, where the Upper Tribunal refuses permission, the relevant appellate court) considers that (a) the proposed appeal would raise some important point of principle or practice; or (b) there is some other compelling reason for the relevant appellate court to hear the appeal.
- First-tier Tribunal and Upper Tribunal (Composition of Tribunal) Order 2008 — This order, which came into force on 3/11/08, makes provision as to the number and type of members on a Tribunal panel, and provides for majority or unanimous decisions.
- Tribunal Procedure (Amendment) Rules 2009 — Various amendments to the Tribunal Procedure (Upper Tribunal) Rules 2008 (and other Rules). In force 1/4/09.
- Practice Direction: Child, Vulnerable Adult and Sensitive Witnesses — This practice direction defines the three relevant categories of witnesses, then gives details of the circumstances under which they may give evidence, and the manner in which evidence is given. It applies both to the First-tier and Upper Tribunals, and is dated 30/10/08.
- Tribunal Procedure (Amendment) Rules 2010/43 — Amends Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 by changing the definition of "legal representative". In force 18/1/10.
- Practice Direction (Upper Tribunal: Judicial Review Jurisdiction)  1 WLR 327 — This Practice Direction sets out the JR jurisdiction of the Upper Tribunal.
- Tribunal Procedure (Amendment) Rules 2011/651 — These Rules amend the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 so that Tribunal applications can be made by email with a typed signature rather than requiring a handwritten signature. In force 1/4/11.
- Tribunal Procedure (Amendment No. 3) Rules 2010/2653 — These rules make amendments to the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 which are not relevant to mental health cases. In force 29/11/10.
- Tribunal Procedure (Amendment) Rules 2012 — By amending Tribunal Rules 32 and 35, these rules: (1) add 'date of birth' to the items which an application must, if possible, include; (2) remove a reference to after-care under supervision; (3) prescribe information which a reference must, if possible, include; (4) amend the rules for reports following recall of s37/41 patients (rather than the Secretary of State being required to submit reports within 6 weeks, he must immediately provide details of the RC and social supervisor who are then given 3 weeks to provide reports); (5) amend the rules for section 2 cases (the responsible authority must now provide the documents specified in the Practice Direction, rather than that which 'can reasonably be provided in the time available'); (6) clarify the wording in relation to other cases (explicitly stating that if the responsible authority made the reference then the 3 weeks runs from the date of the reference); (7) prescribe the information ..→
- Practice Direction: First-tier Tribunal Health Education and Social Care Chamber: Statements and Reports in Mental Health Cases — This Practice Direction relates to the contents of reports required for mental health cases. In force 28/10/13 (superseding previous versions).
- Tribunal Procedure (Amendment) Rules 2014/514 — Extract from Explanatory Note: "Rules 17 to 20 amend rules 32, 34, 37 and 39 of the HESC Rules. The amendments relate to the examination by the Tribunal of patients and their medical records and to the circumstances in which the Tribunal may proceed with the hearing of the appeal in the absence of the patient." In force 6/4/14.
- Tribunal Procedure (Amendment No. 3) Rules 2014/2128 — These rules amend the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008, from 1/9/14, in ways which are not directly relevant to mental health cases.
Summary of Tribunal Rules
Mental Health Review Tribunal
Phil Fennell et al, Mental Health Tribunals: Law, Policy and Practice (Law Society, 2013)·