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
- 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.
- 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.
- 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.
- 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.
- 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.
- 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 (2014) 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."
- 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 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:
- 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.
- Discipline of Judges (Designation) Order 2008 — This order makes certain people subject to the disciplinary provisions of the Constitutional Reform Act 2005.
- 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.
- 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.
- 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.
- Lord Chancellor (Transfer of Functions and Supplementary Provisions) Order 2006 — SI 2006/680 amends MHRT Rules r8.
- 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.
- Mental Health Review Tribunal (Amendment) Rules 1998 — SI 1998/1189 amends r7, r25 and r29 of the MHRT Rules 1983.
- 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 for Wales Rules 2008 — These new rules for the Mental Health Review Tribunal for Wales came into force on 3/11/08.
- 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.
- 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).
- 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.
- Practice Direction (Upper Tribunal: Judicial Review Jurisdiction) (2009) 1 WLR 327 — This Practice Direction sets out the JR jurisdiction of the Upper Tribunal.
- 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.
- Tribunal Procedure (Amendment) Rules 2009 — Various amendments to the Tribunal Procedure (Upper Tribunal) Rules 2008 (and other Rules). In force 1/4/09.
- 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.
- 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) 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 ..→
- 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 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 (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 — These are the rules for the new Health, Education and Social Care Chamber. The Rules state that they come into force on 3/11/08; however, the Mental Health Tribunal's guidance says that the new Rules apply to applications received after 3/11/08 and, as far as possible, to appeals started before that date, provided that this would not disadvantage the appellant or the Authority. Updated - accurate on 6/4/12. See External Links for version as in force on 1/4/13.
- 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.
- Tribunals, Courts and Enforcement Act 2007 — This Act amends the Tribunals system. See also: Tribunal Rules.
Summary of Tribunal Rules
Mental Health Review Tribunal
Phil Fennell et al, Mental Health Tribunals: Law, Policy and Practice (Law Society, 2013)