Sign up for MHLO on the Subscriptions page: you can sign up for free email updates, the email discussion list, the online forum and the CPD scheme (which provides 12 hours for £60 and is suitable for lawyers and non-lawyers).

Online forum | Latest topic on forum: Powers of Tribunal to discharge to lower security

Parties (MHT)

‘Party’ is defined in rule 1 as anyone appearing in the first column below. Further notes appear in the second column where appropriate.

The patient. In all cases.
The responsible authority ‘Responsible authority’ is defined in rule 1 as:
  • (a) in relation to a patient detained under the Mental Health Act 1983 in a hospital within the meaning of Part 2 of that Act, the managers (as defined in section 145 of that Act);
  • (b) in relation to a patient subject to guardianship, the responsible local social services authority (as defined in section 34(3) of the Mental Health Act 1983);
  • (c) in relation to a community patient, the managers of the responsible hospital (as defined in section 145 of the Mental Health Act 1983)
The Secretary of State If the patient is a restricted patient or in a reference under rule 32(8) (seeking approval under section 86 of the Mental Health Act 1983)
Any other person who starts a mental health case by making an application Note that neither the nearest relative (unless he is the applicant) nor the victim is a party.

Under rule 9(2) the Tribunal ‘may give a direction adding a person to the proceedings as a respondent’. Such a respondent is not a party as defined in the rules.


What links here:

  • No pages link to this page