Apply to the Mental Health Tribunal
After you apply
You鈥檒l be told when the tribunal has received your application. You鈥檒l get information on your rights to legal representation if you did not include a legal representative鈥檚 details in your application.
Nearer the time of the hearing you鈥檒l be given copies of reports so that you can check that the information鈥檚 correct and work out any questions you want to ask.
When the hearing will happen
The date of the hearing depends on your situation. You鈥檒l usually get a hearing within:
- 10 days of applying if you鈥檝e been detained for assessment
- 2 months if you鈥檝e been detained for treatment
- 4 months 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)
Request a pre-hearing examination
You can ask for a pre-hearing examination with the tribunal doctor if you want one. The doctor will be able to read your medical records.
If you鈥檝e been detained for assessment, ask in writing for the examination when you send your application to the tribunal.
If you鈥檝e been detained for treatment or you鈥檝e received a restriction order or direction, you must ask at least 2 weeks before the hearing.
Write to:
HM Courts and Tribunals Service
First-tier Tribunal (Mental Health)
PO Box 8793
5th Floor
Leicester
LE1 8BN
Telephone: 0300 123 2201
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Your pre-hearing examination may take place in person or by video call.
The tribunal will also receive reports from:
- your 鈥榬esponsible clinician鈥� (this could be a doctor, a nurse, a psychologist or another medical professional)
- the social work team responsible for your care
- the nursing team responsible for your care, if you鈥檙e detained in a hospital
- the Secretary of State for Justice, if you鈥檝e received a restriction order or direction
- your social supervisor, if you鈥檝e received a restriction order or direction and you鈥檙e living in the community on conditional discharge
If you do not want to continue with your application
Write to the tribunal as soon as possible if you do not want to continue with your application. The tribunal will decide whether to accept your withdrawal.
You cannot withdraw your case if it was automatically referred to the tribunal, but you do not have to go to the hearing if you do not want to.