Parties (MHT): Difference between revisions

Latest revision as of 21:42, 1 July 2021

‘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.

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+‘Party’ is defined in rule 1 as anyone appearing in the first column below. Further notes appear in the second column where appropriate.
+{| class="wikitable"
+!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.
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