Make a victim representation to the Mental Health Tribunal
If you鈥檙e the victim of a serious crime by a restricted patient detained because of mental illness, you can ask for certain conditions on their release (鈥榙ischarge鈥�).
The First-tier Tribunal (Mental Health) decides when patients can be released.
You can ask the tribunal to place conditions on the patient鈥檚 release if you鈥檙e a:
- victim of a violent or sexual offence by the patient
- close family member of a victim who cannot do it themselves, for example they鈥檝e died, are mentally incapacitated or they鈥檙e too young
This is known as 鈥榓 written representation鈥�.
Conditions you can ask for
Discharge conditions can include:
- banning the patient from contacting you
- making 鈥榚xclusion zones鈥� that the patient is not allowed to enter
The tribunal can only place discharge conditions on restricted patients, for example patients who鈥檝e received an order from the Crown Court or been transferred from prison.
The tribunal cannot place conditions on:
- non-restricted patients - your written representation will be given to the patient鈥檚 psychiatrist if they鈥檙e discharged
- community treatment patients - the patient鈥檚 doctor may be able to place conditions on their discharge
When to make your representation
Restricted patients
You鈥檒l be contacted by your Victim Liaison Officer (VLO) who will tell you:
- what鈥檚 happening with the patient鈥檚 detention
- the dates of any future hearings
- when you can make your representation
Contact the tribunal if you have not been contacted by a VLO.
First-tier Tribunal (Mental Health)
PO Box 8793
5th Floor
Leicester
LE1 8BN
Non-restricted patients
You鈥檒l be contacted by the hospital manager when there鈥檚 going to be a hearing.
How to make your representation
Your VLO will help you .
You must say only:
- that you think conditions should be placed on the patient, if discharged
- what those conditions should be
Do not include anything else, for example your feelings, unless it鈥檚 relevant to the conditions you鈥檙e requesting.
All members of the tribunal panel will get a copy of your representation form.
Withholding your representation from the patient
Patients can usually read all representations at their hearing. You can ask for your representation to be withheld from the patient, but this will only be allowed under exceptional circumstances, for example if someone鈥檚 safety will be put at risk.
Contact your VLO or the hospital manager who will ask the tribunal on your behalf.
Attending a hearing
You usually will not be allowed to attend and make your representation at the hearing.
If you think there are exceptional circumstances, write to the tribunal in advance explaining why you need to be heard in person.
You鈥檒l be told the time and place if the tribunal agrees to let you attend. You鈥檒l probably be asked to leave after you鈥檝e made your representation.
The tribunal鈥檚 decision
In restricted cases, your VLO will be told about the tribunal鈥檚 decision within 7 days of the hearing.
In non-restricted cases, a hospital doctor will tell you the tribunal鈥檚 decision.
You have a right to know:
- if and when the patient is going to be discharged
- any conditions placed on the patient that you need to know
- any changes to conditions that you鈥檝e been told of in the past
- if and when a restriction order is going to stop
Scotland and Wales
This tribunal is for England. There are and .