Mental Health Tribunal (First-tier — HESC)

Reviews detention under the Mental Health Act 1983 and considers applications by patients and nearest relatives.

This page mainly applies to England and Wales. Scotland and Northern Ireland may have different rules — check the jurisdiction before relying on this information.

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

Representation

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

Official sources

https://www.gov.uk/courts-tribunals/first-tier-tribunal-mental-health

Last reviewed: 2026-05-21. This is legal information, not legal advice.