View source for Right to apply to Tribunal

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There are some situations in which the nearest relative may apply to the Tribunal:
* A consequence of a barring order – in s3 and CTO cases only – is the NR’s right to apply to the Tribunal for discharge ([[s66]](1)(g) and (2)(d)) within 28 days of being informed of the barring certificate. The Tribunal must discharge if not satisfied of the [[dangerousness criterion]] ([[s72]](1)(b)(iii)) even if satisfied of the normal criteria (see 4.3.6 below). 
** The fact that there is no right to apply to the Tribunal in s2 cases is a consideration in advising whether or not the nearest relative should wait until the patient is on s3.
** The NR’s inability in s2 cases to apply to the tribunal was considered in [[MA v SSH [2012] UKUT 474 (AAC), [2012] MHLO 171]] and found to be lawful, although subsequently in [[MH v UK 11577/06 (2013) ECHR 1008, (2013) MHLO 94]]  a similar situation caused an Article 5 breach.
* The NR can apply to the Tribunal periodically in unrestricted hospital order cases (within the same eligibility periods as for the patient).
* The NR can apply to the Tribunal within the period of 12 months beginning with the date of a s37 guardianship order and in any subsequent period of 12 months (s69).
* Additionally a person who is no longer NR (if he has been displaced in relation to objection, or exercise of the discharge power) can apply during each 12-month period after displacement.

Nearest relatives require High Court permission to apply to the Tribunal where the patient is a ward of court (s33(2)).
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