Apply to the Mental Health Tribunal
What happens at the hearing
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.