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|Type=UK Statutory Instrument
|Year=2024
|Number=1283
|In force=2024-12-27
|Subject=Tribunal legislation
|Summary=[[Tribunal rule 35]] was amended from 27 December 2024 to allow mandatory references made under s68, s71(2) and s75(1) in relation to a patient who is not a community (CTO) ... |
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| Summary | Wikitext | | Tribunal rule 35 was amended from 27 December 2024 to allow mandatory references made under s68, s71(2) and s75(1) in relation to a patient who is not a community (CTO) patient to be decided without a hearing if: (a) he is legally represented; (b) the representative has stated in writing that the patient does not wish to attend or be represented at a hearing of the reference; (c) the patient’s representative has discussed with the patient the contents of any reports and any other documents provided by the responsible clinician and any social supervisor in respect of the patient and is satisfied that the patient has the capacity to decide "whether or not to make that decision"; and (d) the tribunal is satisfied that the patient has the capacity to make that decision. The new procedure will not apply if either the patient's case has not previously been considered by the tribunal or the patient's case was last considered by the tribunal without a hearing.
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| Detail | Text | | ==See also==
*'"`UNIQ--item-3--QINU`"'[[TPC, 'Reply to two Consultations on possible amendments to the HESC Rules regarding proposed changes to the way that the FTT decides cases referred pursuant to s68' (1/8/24)]] — '"`UNIQ--item-4--QINU`"'
==Extract from Explanatory Note==
<div class="perm">
Rule 35(3) of the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 (S.I. 2008/2699) (restrictions on disposal of proceedings without a hearing) provides an exception to the restriction on the Tribunal disposing of mental health cases without a hearing, where the patient is an adult community patient, who does not wish to attend or be represented at a hearing of their reference. Rule 4(2)(a) amends rule 35(3) to extend this exception so that it also applies to adult patients detained in hospital with capacity, whose cases have been referred under section 68, 71(2) or 75(1) of the Mental Health Act 1983 (c. 20) (“MHA”) (as the case may be) to the Tribunal for review. Rule 4(2)(b) inserts a new paragraph (5) to rule 35 to provide that the exception in paragraph (3) (as amended by these Rules) does not apply to those patients whose detention under the MHA has never been considered by the Tribunal or the Tribunal last considered their case without a hearing.
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