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You can apply to the First-tier Tribunal (Mental Health) if you鈥檙e detained as a patient in a psychiatric hospital (鈥榮ectioned鈥�) and you want to be discharged.

You can also apply to the tribunal if you want to change:

• a community treatment order
• a guardianship order
• a conditional discharge to an absolute discharge
• the conditions placed on a conditional discharge

The tribunal is independent of the government and will listen to both sides of the argument before making a decision.

Who can apply

You can apply for yourself.

You can also ask someone to apply for you, so long as they鈥檙e not a patient in a psychiatric hospital. For example, this could be a legal representative or a family member.

Your 鈥�nearest relative鈥� can make an application without your permission.

When you can apply

When you can apply depends on how you were detained, such as if you鈥檙e a 鈥榬estricted patient鈥� (you were given a restriction order by the Crown Court or you were transferred from prison with a restriction direction).

If you鈥檙e unsure about how you were detained, ask your:

• 鈥榬esponsible clinician鈥� (this could be a doctor, a nurse, a psychologist or another medical professional)
• legal representative, if you have one

If you do not apply, you may still be referred to the tribunal automatically.

If you鈥檝e been detained for assessment (鈥榮ection 2鈥�)

You can apply within the first 14 days of being detained.

If you鈥檝e been detained for treatment (鈥榮ection 3鈥�)

You can apply anytime within the first 6 months that you鈥檙e detained.

If you鈥檙e detained for longer than 6 months, you can apply once in the second 6 month period, then once in every 12 month period.

If you do not apply, you鈥檒l be referred to the tribunal automatically in the second 6 months that you鈥檙e detained. You鈥檒l be referred again after 3 years (if you鈥檙e an adult) or after 12 months (if you鈥檙e a child or adolescent).

If you鈥檝e been detained by a court order (鈥榮ection 37鈥�)

You can apply between 6 and 12 months from the date of the order made by the court. After that, you can apply once in every 12 month period.

If you鈥檙e a restricted patient detained under 鈥榮ection 37鈥� and 鈥榮ection 41鈥�

You can apply between 6 and 12 months from the date of the hospital order made by the court. After that, you can apply once in every 12 month period.

If you鈥檙e a restricted patient who has been conditionally discharged

You can apply 12 months after you were conditionally discharged. After that, you can apply once in every 2 year period.

If you鈥檝e been detained for any other reason

Ask your responsible clinician or legal representative about when you can apply.

Help you can get

If you鈥檝e made the application, you can apply for legal aid to cover the costs of any legal help you get.

You can:

• ask the Mental Health Act administrator at the hospital to give you their list of specialist legal representatives
• ask the tribunal to find a legal representative for you when you apply

You can also get advice from: