Tribunal Procedure Committee, 'Reply from the Tribunal Procedure Committee' (following consultation on changes to section 2 listing, 19/10/22)

2022-10-19 TPC section 2 listing response.pdf

10 days for s2 listing During the coronavirus pandemic the 7-day listing deadline for s2 cases was temporarily extended to 10 days. This consultation proposed making the change permanent. 8 of 11 respondents were against. But the TPC considered it "entirely appropriate" to take into account an earlier, similar consultation in 2020, in which 51 of 60 respondents were in favour. The TPC decided to make the extended 10-day deadline permanent for the following reasons: (1) the great majority of the two consultations taken together were in favour (if the 2020 respondents had changed their views they might have been expected to respond to the 2022 consultation); (2) the 10-day period was useful in 15% of cases during 2021/22; (3) the DCP's observations (within the 2022 consultation document) carried significant weight; (4) nothing concerning had emerged as a consequence of the temporary arrangements.

See also

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Detail of outcome

Response from the Tribunal Procedure Committee (TPC) to the consultation on possible changes to the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 regarding proposed changes to the way that the First-tier Tribunal lists hearings in relation to applications by patients detained under section 2 of the Mental Health Act 1983.

Rule 37(1) of the HESC Rules had (prior to the Tribunal Procedure (Coronavirus) (Amendment) Rules 2020)) provided that, in proceedings under section 66(1)(a) of the Mental Health Act 1983 (which concern section 2 cases), the hearing of the case must start within 7 days after the date on which the Tribunal received the application notice. As a result of the coronavirus pandemic, emergency changes were made to the Procedure Rules on a temporary basis by the Tribunal Procedure (Coronavirus) (Amendment) Rules 2020, to allow cases to be dealt with across all jurisdictions during the pandemic. These amendments included, by paragraph 2(5) of those Rules, a change to rule 37 of the HESC Rules, extending the 7-day period to 10 days. The 2022 Consultation proposed that the extended period of 10 days be made a permanent change to Rule 37.

After giving careful consideration to the response to the 2022 Consultation and the Pre-Covid Consultation (2020) on the same matter, the TPC has assessed the impact of the temporary change during the Covid pandemic and has concluded that it is now appropriate to make the Rule change permanent.