Applications and references to the Mental Health Tribunal
Find out more about how a patient or their nearest relative can make an application to the Mental Health Tribunal.
Applications and References: The Mental Health Tribunal hears applications and references relating to restricted (external link) and unrestricted (external link) patients.
An application: A patient or their representative can make an application (external link) to the Tribunal. In some circumstances a nearest relative (external link) can also make an application. There are strict time limits about when applications can be made for unrestricted (external link) and restricted (external link) patients. You can find links to the forms under the ‘useful information’ tab on the HESC webpages.
References: The Responsible Authority (external link) have a duty to safeguard a patient’s legal rights. Sometimes the Responsible Authority will be under a duty to automatically refer (external link) a patient’s case to the Mental Health Tribunal. For example, if a Community Treatment Order is revoked the Responsible Authority will refer the matter to the Tribunal to review the patient’s detention. There are other instances when a patient’s case will be referred to the Mental Health Tribunal.
A patient can decide whether they want a remote video hearing (external) or a face to face hearing
Interpreters: Foreign language Interpreters and British Sign Language (BSL) interpreters are available to assist patients at Mental Health Tribunal hearings. If an interpreter is required this information should be completed on the application form (PDF).