Mental Health Tribunal, 'Further update on coronavirus situation' (1/4/20)
MHT update including listing (1) All hearings have been postponed for certain community patients (CTO and conditional discharge), unless they have already been listed for paper review, until the revocation of the coronavirus pilot PD, or earlier if the tribunal directs. (The original summary here wrongly said "all community patients" - apologies.) (2) Section 2, conditional discharge recall, and CAMHS cases are the priority for listing; other cases were not being listed, but s3 and restricted cases should now begin to be listed. (3) Representatives are requested not to call the tribunal unless absolutely necessary, and to seek directions for late reports.
- Mental Health Tribunal, 'Order and directions for all community patients who are subject to a CTO or conditional discharge and who have applied or been referred to the tribunal for the duration of the Pilot Practice Direction' (26/3/20)
All community patients aged over 18 who have applied to the Tribunal under section 66(1) or section 75(2) or whose case has been referred to the Tribunal under section 68(2), section 68(6)or section 71(2) of the Mental Health Act 1983, will be postponed unless they have already been listed for a paper review.
Those cases postponed will now take place at the venue nominated by the responsible authority (with a time estimate of a ½ day) on the first open date that is convenient to the parties after the revocation of the Pilot Practice Direction: Health, Education and Social Care Chamber of the First-Tier Tribunal (Mental Health) or further order of the Tribunal, whichever is earlier.
The Tribunal is prioritising the listing of s.2 cases, conditional discharge recalls and CAMHS cases.
Due to staff shortages, the Tribunal were not able to list other cases. This is starting to change and s.3 cases and restricted patients should begin to be listed.
MESSAGE FROM DEPUTY CHAMBER PRESIDENT JUDGE JOHNSTON
It is requested that representatives do not call the Tribunal Office unless it is absolutely necessary. The admin staff are working hard to ensure access to justice and will list cases as soon as possible.
The Tribunal does not, at present, have capacity to chase compliance with reports. It would be appreciated if representatives could submit CMR1 forms requesting Directions.
The text has been extracted from a Mental Health Lawyers Association email dated 1/4/20.