Mental Health Tribunal (First-tier — HESC)

Overview

The Mental Health Tribunal is part of the HESC Chamber of the First-tier Tribunal. It reviews decisions to detain or apply community treatment orders under the Mental Health Act 1983. Patients have a statutory right to apply for review of their detention at intervals defined by the Act, and nearest relatives have parallel rights in some circumstances. Hearings take place in the hospital or community setting; the panel comprises a judge, a medical member, and a lay member.

What it handles

• Section 2 (assessment) detentions
• Section 3 (treatment) detentions
• Section 37 hospital orders and restricted patients (s.41/45A)
• Community Treatment Orders (CTOs)
• Conditional discharge applications by restricted patients

Fees

• Application: No fee

Process

1. Step 1: Application

   The patient, their representative, or their nearest relative downloads and fills in an application to the First-tier Tribunal (Mental Health), including detention details and hearing format preference, and sends it to HMCTS.

2. Step 2: Application received

   You're told when the tribunal has received your application and, if you didn't list a legal representative, given information on your right to one.

3. Step 3: Hearing scheduled

   The hearing date depends on your situation, for example within 10 days of applying if you've been detained for assessment, or within 2 months if detained for treatment.

4. Step 4: Hearing

   The case is heard by a judicial panel made up of a judge, a consultant psychiatrist and a mental health specialist, usually in private, in person or by video call.

5. Step 5: Decision

   The tribunal usually makes a decision at the end of the hearing, given on the day, with full written reasons usually following within 7 days.

6. Step 6: Appeal

   If you lose, you can ask the tribunal to cancel ('set aside') the decision within 28 days of getting the written decision, or ask for permission to appeal to the Upper Tribunal on a point of law.

Representation

Non-means-tested legal aid for representation by an accredited mental-health solicitor.

Official sources