Applying to the Mental Health Tribunal
How to apply to the First-tier Tribunal (Mental Health) for discharge from compulsory detention under the Mental Health Act 1983.
概述
If you are detained in hospital under the Mental Health Act 1983, you have the right to apply to the First-tier Tribunal (Mental Health) to review your detention and potentially order your discharge. The tribunal is independent of the hospital and the detaining authority. You are entitled to free legal representation through legal aid.
谁可以使用此程序
- You are currently detained under the Mental Health Act 1983 (sections 2, 3, 37, or other compulsory sections)
- You have not already applied within the current detention period (one application per period for most sections)
- Or: you are subject to a Community Treatment Order or guardianship
逐步流程
Apply to the tribunal
Complete Form T1 and send it to the Mental Health Tribunal. For Section 2 detention, you must apply within 14 days. For Section 3, you can apply once in the first 6 months, once in the second 6 months, and once in each subsequent year. Hospital staff should help you apply.
- Legal aid is automatically available — ask the hospital for a list of specialist solicitors
- The hospital's Mental Health Act administrator can help with the form
Instruct a solicitor
You are entitled to a specialist mental health solicitor funded by legal aid (no means test). The solicitor will visit you, take your instructions, obtain an independent psychiatric report, and prepare your case. The Law Society maintains a list of accredited mental health solicitors.
- The solicitor's fees are paid by legal aid — it costs you nothing
- The solicitor can also instruct an independent psychiatrist
Independent psychiatric report
Your solicitor will usually instruct an independent psychiatrist to examine you and prepare a report for the tribunal. This report gives an independent view of whether the criteria for detention are still met and whether you could safely be discharged.
- Cooperate with the independent psychiatrist
- The report will consider community alternatives to detention
Attend the hearing
The tribunal panel consists of a judge, a medical member (psychiatrist), and a specialist lay member. They will hear evidence from your responsible clinician, nursing staff, social worker, your solicitor, and you. Hearings are usually held at the hospital.
- You can give evidence if you wish but are not obliged to
- The hearing is private and informal
Receive the decision
The tribunal must discharge you if the criteria for detention are no longer met. It can also recommend leave of absence, transfer, or a community treatment order. The decision is usually given on the day of the hearing.
- If not discharged, the tribunal may make recommendations that the hospital should follow
- You can apply again after a specified period
费用
重要警告
Time limits are strict — especially for Section 2 (14 days). Apply as soon as possible.
If you miss the time limit, your nearest relative may also apply for discharge.
Hospital managers also have the power to discharge — you can request a hospital managers' hearing separately.