# Mental Health Tribunal **URL:** https://forum.mentalhealthlaw.co.uk/c/law-and-practice/mental-health-tribunal/15.md [Latest](https://forum.mentalhealthlaw.co.uk/latest.md) · [Categories](https://forum.mentalhealthlaw.co.uk/categories.md) · [Tags](https://forum.mentalhealthlaw.co.uk/tags.md) --- ## [About the Mental Health Tribunal category](https://forum.mentalhealthlaw.co.uk/t/about-the-mental-health-tribunal-category/1742)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [21 July 2023 21:40 UTC](https://forum.mentalhealthlaw.co.uk/t/about-the-mental-health-tribunal-category/1742 "2023-07-21T21:40:36Z")
Topics about, or mostly about, the First-tier Tribunal’s mental health jurisdiction in England or the MHRT for Wales. --- ## [CTO, Tribunal and 'necessity' of recall power](https://forum.mentalhealthlaw.co.uk/t/cto-tribunal-and-necessity-of-recall-power/5884)
**Author:** [@emily.cresswell](https://forum.mentalhealthlaw.co.uk/u/emily.cresswell)\ **Replies:** 4\ **Last updated:** [9 July 2026 14:20 UTC](https://forum.mentalhealthlaw.co.uk/t/cto-tribunal-and-necessity-of-recall-power/5884 "2026-07-09T14:20:07Z")
Hi everyone, I had a Tribunal hearing this week where the patient had recently been discharged onto a CTO. During the hearing, the doctor said in her evidence that the need for recall was only desirable and not necessar… --- ## [How should the tribunal interpret the "necessity" criterion?](https://forum.mentalhealthlaw.co.uk/t/how-should-the-tribunal-interpret-the-necessity-criterion/5858)
**Author:** [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\ **Replies:** 3\ **Last updated:** [8 July 2026 12:00 UTC](https://forum.mentalhealthlaw.co.uk/t/how-should-the-tribunal-interpret-the-necessity-criterion/5858 "2026-07-08T12:00:49Z")
I’ve just had a hearing at which the patient was discharged, but the tribunal decided that the test in s72(1)(b)(ii) (“it is necessary for the health of safety of the patient or for the protection of other persons that h… --- ## [Research into online Mental Health Tribunals](https://forum.mentalhealthlaw.co.uk/t/research-into-online-mental-health-tribunals/5632)
**Author:** [@SocialWorkerGary](https://forum.mentalhealthlaw.co.uk/u/SocialWorkerGary)\ **Replies:** 0\ **Last updated:** [27 May 2026 17:21 UTC](https://forum.mentalhealthlaw.co.uk/t/research-into-online-mental-health-tribunals/5632 "2026-05-27T17:21:19Z")
Doing my bit for improving research in this area @KeithJames3768 and @ZacSussex - I’m sure you have already seen, but this is the type of deep rich information the team are looking for. Best wishes, Gary --- ## [Withdrawing an application against client's wishes when appointed under r11(7)(b)](https://forum.mentalhealthlaw.co.uk/t/withdrawing-an-application-against-clients-wishes-when-appointed-under-r11-7-b/5595)
**Author:** [@RKM](https://forum.mentalhealthlaw.co.uk/u/RKM)\ **Replies:** 4\ **Last updated:** [13 May 2026 23:43 UTC](https://forum.mentalhealthlaw.co.uk/t/withdrawing-an-application-against-clients-wishes-when-appointed-under-r11-7-b/5595 "2026-05-13T23:43:04Z")
I presume that if instructed under r11(7)(b) it is appropriate to conduct the case in the best interest of the client, but I would be grateful for views on withdrawing an application, when it is early in the section (3 i… --- ## [Tribunal proceedings for s3 patient on remand in prison](https://forum.mentalhealthlaw.co.uk/t/tribunal-proceedings-for-s3-patient-on-remand-in-prison/5573)
**Author:** [@Karen](https://forum.mentalhealthlaw.co.uk/u/Karen)\ **Replies:** 5\ **Last updated:** [8 May 2026 16:26 UTC](https://forum.mentalhealthlaw.co.uk/t/tribunal-proceedings-for-s3-patient-on-remand-in-prison/5573 "2026-05-08T16:26:27Z")
When a patient on s3 is detained in prison they are treated as if AWOL but we can’t find anything specific about what happens to their outstanding tribunal application. With patients who are AWOL the tribunal is usually … --- ## [Withdrawing "not to be disclosed" evidence](https://forum.mentalhealthlaw.co.uk/t/withdrawing-not-to-be-disclosed-evidence/5420)
**Author:** [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\ **Replies:** 5\ **Last updated:** [9 April 2026 17:11 UTC](https://forum.mentalhealthlaw.co.uk/t/withdrawing-not-to-be-disclosed-evidence/5420 "2026-04-09T17:11:14Z")
I’ve heard that sometimes when a report author finds out that the patient’s representative is arguing for disclosure the author decides to withdraw the report – and the tribunal panel goes along with this (having decided… --- ## [DOH Referral - withdrawing](https://forum.mentalhealthlaw.co.uk/t/doh-referral-withdrawing/576)
**Author:** [@Rob\_Beech](https://forum.mentalhealthlaw.co.uk/u/Rob_Beech)\ **Replies:** 21\ **Last updated:** [30 January 2026 16:08 UTC](https://forum.mentalhealthlaw.co.uk/t/doh-referral-withdrawing/576 "2026-01-30T16:08:31Z")
DOH referred my client as her application was not processed by the MHAA in time. Client now wishes to withdraw but the Tribunal are insisting that the patient cannot withdraw her application and it must be done by the D… --- ## [Is the quality of Tribunal decisions declining?](https://forum.mentalhealthlaw.co.uk/t/is-the-quality-of-tribunal-decisions-declining/5028)
**Author:** [@DeborahR](https://forum.mentalhealthlaw.co.uk/u/DeborahR)\ **Replies:** 9\ **Last updated:** [30 January 2026 10:09 UTC](https://forum.mentalhealthlaw.co.uk/t/is-the-quality-of-tribunal-decisions-declining/5028 "2026-01-30T10:09:28Z")
I am a bit delayed in posting this, but I recently represented a client in a successful appeal to the Upper Tribunal based on the adequacy of the First-tier Tribunal (Mental Health)'s written reasons. It’s not a particul… --- ## [Scope of tribunal's power under s72 to recommend leave](https://forum.mentalhealthlaw.co.uk/t/scope-of-tribunals-power-under-s72-to-recommend-leave/3292)
**Author:** [@Lyndall](https://forum.mentalhealthlaw.co.uk/u/Lyndall)\ **Replies:** 4\ **Last updated:** [26 January 2026 20:32 UTC](https://forum.mentalhealthlaw.co.uk/t/scope-of-tribunals-power-under-s72-to-recommend-leave/3292 "2026-01-26T20:32:59Z")
On a recent case I made an application for a statutory recommendation for unescorted leave and was informed that this can only be made where a patient has no leave whatsoever. I have always interpreted this provision as … --- ## [Paper review for patient recalled then discharged back onto CTO?](https://forum.mentalhealthlaw.co.uk/t/paper-review-for-patient-recalled-then-discharged-back-onto-cto/4932)
**Author:** [@Carolyn1](https://forum.mentalhealthlaw.co.uk/u/Carolyn1)\ **Replies:** 4\ **Last updated:** [19 January 2026 10:39 UTC](https://forum.mentalhealthlaw.co.uk/t/paper-review-for-patient-recalled-then-discharged-back-onto-cto/4932 "2026-01-19T10:39:22Z")
Can you help - P was recalled/revoked on his CTO and referred for a MHT. His hearing is tomorrow and yesterday he was discharged back on the CTO. Am I correct in assuming that we cannot now ask for a paper hearing as alt… --- ## [Meanings of deferred and delayed discharge](https://forum.mentalhealthlaw.co.uk/t/meanings-of-deferred-and-delayed-discharge/4925)
**Author:** [@Kemmasokol](https://forum.mentalhealthlaw.co.uk/u/Kemmasokol)\ **Replies:** 4\ **Last updated:** [10 January 2026 14:38 UTC](https://forum.mentalhealthlaw.co.uk/t/meanings-of-deferred-and-delayed-discharge/4925 "2026-01-10T14:38:25Z")
What is the difference between deferred discharge and delayed discharge? --- ## [Potential reduction in paper reviews for CTO patients](https://forum.mentalhealthlaw.co.uk/t/potential-reduction-in-paper-reviews-for-cto-patients/3628)
**Author:** [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\ **Replies:** 10\ **Last updated:** [28 June 2025 09:05 UTC](https://forum.mentalhealthlaw.co.uk/t/potential-reduction-in-paper-reviews-for-cto-patients/3628 "2025-06-28T09:05:21Z")
The tribunal has been able since 2012 to hold CTO mandatory reference hearings on the papers when the patient does not wish to attend or be represented at a hearing. In 2024 a similar power to hold detention mandatory re… --- ## [Procedure for requesting pre-hearing examination](https://forum.mentalhealthlaw.co.uk/t/procedure-for-requesting-pre-hearing-examination/4924)
**Author:** [@Kemmasokol](https://forum.mentalhealthlaw.co.uk/u/Kemmasokol)\ **Replies:** 1\ **Last updated:** [8 January 2026 11:31 UTC](https://forum.mentalhealthlaw.co.uk/t/procedure-for-requesting-pre-hearing-examination/4924 "2026-01-08T11:31:56Z")
If we request a PHE within two weeks prior to the hearing, do we require Tribunal permission for the PHE, or is it automatic? --- ## [Client does not wish to attend](https://forum.mentalhealthlaw.co.uk/t/client-does-not-wish-to-attend/4892)
**Author:** [@Kemmasokol](https://forum.mentalhealthlaw.co.uk/u/Kemmasokol)\ **Replies:** 2\ **Last updated:** [6 January 2026 00:16 UTC](https://forum.mentalhealthlaw.co.uk/t/client-does-not-wish-to-attend/4892 "2026-01-06T00:16:18Z")
The Tribunal would wish for the patient to attend and engage in the hearing. Rule 2(2), which addresses the manner of dealing with cases fairly and justly, emphasises the importance of flexibility and of ensuring, so far… --- ## [Submitting fresh independent evidence to adjourned hearing](https://forum.mentalhealthlaw.co.uk/t/submitting-fresh-independent-evidence-to-adjourned-hearing/4882)
**Author:** [@anonymous78](https://forum.mentalhealthlaw.co.uk/u/anonymous78)\ **Replies:** 8\ **Last updated:** [5 January 2026 20:50 UTC](https://forum.mentalhealthlaw.co.uk/t/submitting-fresh-independent-evidence-to-adjourned-hearing/4882 "2026-01-05T20:50:57Z")
I was representing at a tribunal which adjourned because we ran out of time to take the patient’s evidence. All other witnesses had given evidence and we agreed that most would not attend the reconvened hearing. However,… --- ## [Advising client of appeal rights ](https://forum.mentalhealthlaw.co.uk/t/advising-client-of-appeal-rights/4871)
**Author:** [@Kemmasokol](https://forum.mentalhealthlaw.co.uk/u/Kemmasokol)\ **Replies:** 4\ **Last updated:** [30 December 2025 12:36 UTC](https://forum.mentalhealthlaw.co.uk/t/advising-client-of-appeal-rights/4871 "2025-12-30T12:36:44Z")
If the client is discharged by the tribunal with immediate effect, when we receive the decision, do we need to advise the client about appeal rights, or is this not necessary because the client has been discharged? --- ## [Paper review for detained patient](https://forum.mentalhealthlaw.co.uk/t/paper-review-for-detained-patient/4836)
**Author:** [@Karen](https://forum.mentalhealthlaw.co.uk/u/Karen)\ **Replies:** 6\ **Last updated:** [22 December 2025 12:53 UTC](https://forum.mentalhealthlaw.co.uk/t/paper-review-for-detained-patient/4836 "2025-12-22T12:53:31Z")
The rules say that a detained patient can only have a paper review if his previous case was considered with a hearing. If the patient had a full hearing in August and was subsequently discharged on a CTO which was then r… --- ## [CAMHS leaflet for tribunal in Somalian](https://forum.mentalhealthlaw.co.uk/t/camhs-leaflet-for-tribunal-in-somalian/4856)
**Author:** [@RitaPKenny](https://forum.mentalhealthlaw.co.uk/u/RitaPKenny)\ **Replies:** 2\ **Last updated:** [22 December 2025 11:19 UTC](https://forum.mentalhealthlaw.co.uk/t/camhs-leaflet-for-tribunal-in-somalian/4856 "2025-12-22T11:19:30Z")
Hi Does anyone know where I can locate a translated copy please. Thanks Rita --- ## [Withdrawal and reinstatement](https://forum.mentalhealthlaw.co.uk/t/withdrawal-and-reinstatement/4816)
**Author:** [@Kemmasokol](https://forum.mentalhealthlaw.co.uk/u/Kemmasokol)\ **Replies:** 1\ **Last updated:** [11 December 2025 09:52 UTC](https://forum.mentalhealthlaw.co.uk/t/withdrawal-and-reinstatement/4816 "2025-12-11T09:52:59Z")
If someone made an application to withdraw their application from the tribunal two weeks before the hearing, consent to the withdrawal would be in accordance with Rule 17(2). If they now want to reinstate the application… --- ## [Effect of Supreme Court decision about Northern Irish law (Re RM)](https://forum.mentalhealthlaw.co.uk/t/effect-of-supreme-court-decision-about-northern-irish-law-re-rm/4742)
**Author:** [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\ **Replies:** 2\ **Last updated:** [10 December 2025 10:11 UTC](https://forum.mentalhealthlaw.co.uk/t/effect-of-supreme-court-decision-about-northern-irish-law-re-rm/4742 "2025-12-10T10:11:57Z")
Re RM Application for Judicial Review Northern Ireland \[2024\] UKSC 7 was about article 15 of the Mental Health (Northern Ireland) Order 1986, the equivalent to s17 Mental Health Act 1983 in England & Wales. It directly c… --- ## [Lawfulness of earlier first statutory referrals by the MOJ (and the relevance of the change in status cases)](https://forum.mentalhealthlaw.co.uk/t/lawfulness-of-earlier-first-statutory-referrals-by-the-moj-and-the-relevance-of-the-change-in-status-cases/4181)
**Author:** [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\ **Replies:** 9\ **Last updated:** [6 December 2025 09:19 UTC](https://forum.mentalhealthlaw.co.uk/t/lawfulness-of-earlier-first-statutory-referrals-by-the-moj-and-the-relevance-of-the-change-in-status-cases/4181 "2025-12-06T09:19:45Z")
In Ministry of Justice, ‘Mental Health Casework Section stakeholder update’ (July 2025) it is explained that s37/41 restricted hospital order patients (or s45A hybrid order patients) who had previously been transferred u… --- ## [Challenging perceived risk (no longer allowed to self-medicate)](https://forum.mentalhealthlaw.co.uk/t/challenging-perceived-risk-no-longer-allowed-to-self-medicate/4694)
**Author:** [@anonymous60](https://forum.mentalhealthlaw.co.uk/u/anonymous60)\ **Replies:** 8\ **Last updated:** [6 December 2025 07:42 UTC](https://forum.mentalhealthlaw.co.uk/t/challenging-perceived-risk-no-longer-allowed-to-self-medicate/4694 "2025-12-06T07:42:05Z")
Hello. Please can somebody advise on how to challenge an RC’s perceived risk and subsequent management of a S47/49 patient who has successfully won a tribunal and does not need hospital treatment. Despite patient denyin… --- ## [What to do with incomplete social circumstances report](https://forum.mentalhealthlaw.co.uk/t/what-to-do-with-incomplete-social-circumstances-report/4546)
**Author:** [@Kemmasokol](https://forum.mentalhealthlaw.co.uk/u/Kemmasokol)\ **Replies:** 4\ **Last updated:** [5 December 2025 10:32 UTC](https://forum.mentalhealthlaw.co.uk/t/what-to-do-with-incomplete-social-circumstances-report/4546 "2025-12-05T10:32:58Z")
My client does not have capacity under Section 2 (first admission). However, in the Social Circumstances Report, Question 2 (“Factors affecting the client’s hearing”) is answered “No.” Question 4 provides some details o… --- ## [Compensation for tribunal delays](https://forum.mentalhealthlaw.co.uk/t/compensation-for-tribunal-delays/4744)
**Author:** [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\ **Replies:** 0\ **Last updated:** [4 December 2025 15:08 UTC](https://forum.mentalhealthlaw.co.uk/t/compensation-for-tribunal-delays/4744 "2025-12-04T15:08:20Z")
People talk about “the Fall of Leicester” as if we are entering the Dark Ages, but are the delays caused by cancellations and inability to find panels causing problems like in the old delay cases (R (KB) v MHRT \[2003\] EW… --- ## [Whether Modaresi principle applies generally](https://forum.mentalhealthlaw.co.uk/t/whether-modaresi-principle-applies-generally/4695)
**Author:** [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\ **Replies:** 2\ **Last updated:** [23 November 2025 13:00 UTC](https://forum.mentalhealthlaw.co.uk/t/whether-modaresi-principle-applies-generally/4695 "2025-11-23T13:00:59Z")
In R (Modaresi) v SSH \[2011\] EWCA Civ 1359 it was decided that the where the tribunal office is closed on the 14th day of the s2 eligibility period, the period is extended to include the next day that it is open. I hear… --- ## [Effect of release on CTO revocation tribunal referral](https://forum.mentalhealthlaw.co.uk/t/effect-of-release-on-cto-revocation-tribunal-referral/4681)
**Author:** [@Kemmasokol](https://forum.mentalhealthlaw.co.uk/u/Kemmasokol)\ **Replies:** 2\ **Last updated:** [20 November 2025 10:46 UTC](https://forum.mentalhealthlaw.co.uk/t/effect-of-release-on-cto-revocation-tribunal-referral/4681 "2025-11-20T10:46:16Z")
When a patient’s CTO is revoked, a referral under section 68(7) is made. But if the patient goes back onto a CTO, does the case close or does the referral still stand? --- ## [Consequence of notional conditional discharge for s.47/49 IPP patient](https://forum.mentalhealthlaw.co.uk/t/consequence-of-notional-conditional-discharge-for-s-47-49-ipp-patient/4647)
**Author:** [@fswsy](https://forum.mentalhealthlaw.co.uk/u/fswsy)\ **Replies:** 6\ **Last updated:** [17 November 2025 22:52 UTC](https://forum.mentalhealthlaw.co.uk/t/consequence-of-notional-conditional-discharge-for-s-47-49-ipp-patient/4647 "2025-11-17T22:52:59Z")
When a patient on a s.47/49 IPP is conditionally discharged at the mental health tribunal, do they transfer to a notional section 37 or do they remain on the same section just with a notional conditional discharge decisi… --- ## [Scrambled tribunal decision](https://forum.mentalhealthlaw.co.uk/t/scrambled-tribunal-decision/3937)
**Author:** [@anonymous70](https://forum.mentalhealthlaw.co.uk/u/anonymous70)\ **Replies:** 12\ **Last updated:** [14 November 2025 13:12 UTC](https://forum.mentalhealthlaw.co.uk/t/scrambled-tribunal-decision/3937 "2025-11-14T13:12:20Z")
I have a decision which I am going to appeal as I believe that the MHT have made an error of law. However, part of the decision appears to have been dictated by voice recognition or written by AI in that it is completely… --- ## [Can NR apply to tribunal when barred from discharging s2?](https://forum.mentalhealthlaw.co.uk/t/can-nr-apply-to-tribunal-when-barred-from-discharging-s2/4640)
**Author:** [@Kemmasokol](https://forum.mentalhealthlaw.co.uk/u/Kemmasokol)\ **Replies:** 1\ **Last updated:** [13 November 2025 16:37 UTC](https://forum.mentalhealthlaw.co.uk/t/can-nr-apply-to-tribunal-when-barred-from-discharging-s2/4640 "2025-11-13T16:37:27Z")
If someone is detained under Section 2 of the Mental Health Act and their nearest relative orders their discharge but it is barred, can the nearest relative appeal to the Tribunal? If not, why not? [Next page](https://forum.mentalhealthlaw.co.uk/c/law-and-practice/mental-health-tribunal/15.md?page=1)