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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 PDF, opens in a new tab) and unrestricted (external PDF, opens in a new tab) patients.

An application: A patient or their representative can make an application to the Tribunal. In some circumstances a nearest relative (external PDF, opens in a new tab)  can also make an application. There are strict time limits about when applications can be made for unrestricted (external link, opens in a new tab) and restricted (external link, opens in a new tab) patients. You can find links to the forms under the ‘useful information tab’ (opens in a new tab).

References: The Responsible Authority (external link, opens in a new tab) have a duty to safeguard a patient’s legal rights. Sometimes the Responsible Authority will be under a duty to automatically refer (external link, opens in a new tab) 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.

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 (external PDF, opens in a new tab).