Tribunal Procedure Committee, 'Possible amendments to the Tribunal Procedure (FTT) (HESC) Rules 2008' (consultation about s2 listing, from 21/6/22 to 16/8/22)
Longer listing window for s2 cases The tribunal always had 7 days to list s2 cases but during the coronavirus pandemic this was extended temporarily to 10 days. The consultation question is: "Do you agree that the proposed change to rule 37 of the HESC Rules, to permit section 2 MHA cases to be listed within 10 days of the date on which the MHT receives the application notice, should be made permanent? If not, why not?"
- Tribunal rules consultation. Tribunal Procedure Committee, 'Consultation on possible amendments to the Tribunal Procedure (First-Tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 on the timescale for listing Section 2 hearings' (from 11/2/20 to 7/4/20) — The TPC seeks answers to the following questions: (1) Do you agree that the requirement should be that the First-tier Tribunal lists all section 2 hearings within 10 days from receipt of the application notice rather than 7 days? (2) Do you have any other comments on this proposal?
- Conclusion of s2 listing window consultation. Tribunal Procedure Committee, 'Responses to the consultation (on changes to the s2 listing window) and reply from the TPC' (23/6/20) — The TPC made the proposed changes (10 days instead of 7 for listing s2 hearings), plus an explicit power to ignore the deadline. The change was a temporary response to the coronavirus pandemic, and its effects will be monitored before a a final decision is made. There were 60 responses, including from two organisations (the Law Society and the MHT Members Association): 51 were in favour and 9 against.
- Coronavirus legislation. Tribunal Procedure (Coronavirus) (Amendment) Rules 2020 — Rule 2 amends the MHT's rules: (1) new power in new rule 5A to dispose of proceedings without hearing if the matter is urgent, it is not reasonably practicable to hold a hearing (including a remote hearing) and it is in the interests of justice to do so. (2) section 2 hearings to start within 10 days rather than 7 days, with an explicit power to ignore this deadline if the tribunal considers it "not reasonably practicable". In force 10/4/20. These rules will expire on the same day as section 55(b) of the Coronavirus Act 2020 (public participation in proceedings conducted by video or audio). (3) A further change, relating to public/private hearings, is inserted into the part of the HESC rules which do not apply to mental health cases.