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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:

Download and fill in an application to the First-tier Tribunal (Mental Health). You must include:

• what you鈥檙e applying for, for example discharge if you鈥檝e been detained for assessment or treatment
• the patient鈥檚 first name, surname and date of birth
• full details of the care coordinator and hospital
• the date of the section or order
• contact details for your 鈥�nearest relative鈥� (if you have one)
• your legal representative鈥檚 details (if you have one)
• whether you need an interpreter

You can also include on your application form whether you鈥檇 prefer your hearing to take place in person or by video call. HM Courts and Tribunals Service will try to meet your preference but it may not always be possible.

Send the form

Post or email the form to HM Courts and Tribunals Service.

Contact the tribunal by phone or email if you have any questions about completing the form. The helpline and email address cannot give you legal advice.

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:

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.

Hearings are usually held in private. The hearing may take place in person or by video call. The tribunal will contact you and tell you how the hearing will take place.

If your hearing takes place by video call, it will be recorded. You can apply for a transcript of the recording.

You do not have to attend the hearing if you do not want to. If you do attend, you can leave at any time.

Who attends the hearing

Hearings are attended by:

• a judicial panel, made up of a judge, a consultant psychiatrist and a mental health specialist
• you, if you want to attend
• your responsible clinician and social worker
• your ward nurse, if you鈥檙e detained in a hospital
• your legal representative, if you have one
• your independent mental health advocate, if you have one
• your 鈥�nearest relative鈥�, if they applied to the tribunal instead of you

If you want to bring any relative you must ask the tribunal before the hearing. The tribunal will decide whether they can come.

You, your relative or your legal representative can arrange for witnesses or experts to attend.

Attendees from outside the UK

If your representative, witness or relative is outside the UK and wants to give live video or audio evidence, contact the tribunal to request it. Tell the tribunal what country they鈥檙e in and what type of evidence is being given. You must do this as soon as possible.

Where in-person hearings take place

In-person hearings usually take place in either the:

• hospital where you鈥檙e detained
• location where your responsible clinician or your community team is based (if you鈥檙e living in the community)

Evidence given at the hearing

Your responsible clinician and your social worker will give evidence. If you鈥檙e detained in a hospital, a nurse will also give evidence.

You can give evidence if you want. You can choose whether to speak first or last, and you can leave the hearing after you鈥檝e given evidence.

Anyone who gives evidence might be asked questions.

The tribunal will also look at:

• your pre-hearing examination from the tribunal doctor, if you had one
• an independent psychiatric report, if you, your relative or your legal representative asked for one

If you鈥檝e received a restriction order or direction

If you have committed a serious offence against a person, they or their family can ask or make 鈥榬epresentations鈥� for certain conditions if the tribunal thinks you鈥檙e ready for discharge.

Claim expenses

You may be able to claim expenses for going to the hearing. This includes money for:

• travel costs
• loss of earnings
• food and drink, if you鈥檙e away for more than 5 hours

Read the guidance on claiming expenses.

The tribunal usually makes a decision at the end of the hearing. You鈥檒l get the decision on the day, and you鈥檒l usually get full written reasons within 7 days of the hearing.

Depending on your circumstances, the tribunal can:

• order your discharge (on the same day or at a future date)
• recommend that you鈥檙e transferred to a different hospital
• recommend that you鈥檙e considered for treatment under a community treatment order
• recommend that you鈥檙e allowed to leave the hospital for periods of time, to see if you鈥檙e ready for life in the community
• recommend that you鈥檙e returned to prison, if you鈥檙e a prisoner who has been transferred to a hospital

Appeal

If you lose your case, you can ask the tribunal:

• to cancel the decision - you must do this within 28 days of getting the written decision
• for permission to appeal to a higher tribunal (the 鈥楿pper Tribunal鈥�)

Ask the tribunal to cancel the decision

You鈥檒l be told how to get a decision 鈥榮et aside鈥� (cancelled) if you think there鈥檚 been a mistake in the process, for example you were not told about the hearing so did not go.

If the tribunal cancels the decision, you may be able to get a new hearing.

Contact if you need help.

Appeal to the Upper Tribunal

You can ask for permission to appeal to the Upper Tribunal if you think there was a legal mistake, for example if they:

• did not apply the correct law or wrongly interpreted the law
• did not follow the correct procedures
• had no evidence or not enough evidence to support its decision

Fill in the application for permission to appeal - the address is on the form.

Another judge will look to see if there鈥檚 a legal problem with your case and if it needs to be heard again.

Complain

You cannot complain about the decision - you can only complain about the tribunal staff and the way the hearing took place.

The tribunal will make a decision based on:

• if the case is about human rights

The tribunal must follow the Tribunal Procedure (First-Tier Tribunal) (Health, Education And Social Care Chamber) Rules 2008.

Statements and reports from your responsible clinician must be written in line with the practice directions.

You can read the practice directions under the 鈥楥ontents or statements and reports鈥� download link on the .