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Applications (MHT)

Applications are sent to the Tribunal office in Leicester, and can be sent by letter or email, depending on preference and urgency. Applications get lost in the system, so email is to be preferred. Applications should be sent to:

First-tier Tribunal (Mental Health)
PO Box 8793
5th Floor
Leicester LE1 8BN
DX 743090 Leicester 35
Secure email to tsmhapplications@hmcts.gsi.gov.uk.cjsm.net

An application must be made in writing, signed, and sent so as to arrive within the relevant eligibility period (rule 32(1)). The application form on the Justice website is voluntary (in theory) but contains the information sought by rule 32(2) and assists the secretariat; they have asked that duplicate forms (e.g. post and email) are not sent.

The application may be signed either ‘by the applicant or any person authorised by the applicant to do so’. Applications can be made by email with a typed signature rather than requiring a handwritten signature (Tribunal Procedure (Amendment) Rules 2011).

Do not rely on Trust employees to submit an application: in R (Modaresi) v SSH [2011] EWHC 417 (Admin)M, the s2 patient missed the 14-day deadline (or so it was thought at the time) because of the neglect/oversight of one or more Trust employees. This case is also authority for the proposition that receipt of an application takes effect when faxed even when the Tribunal office is shut.

(Capacity to make an application is considered elsewhere.)

INFORMATION


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