# Mental Health Tribunal **URL:** https://forum.mentalhealthlaw.co.uk/c/law-and-practice/mental-health-tribunal/15.md?page=1 [Latest](https://forum.mentalhealthlaw.co.uk/latest.md) · [Categories](https://forum.mentalhealthlaw.co.uk/categories.md) · [Tags](https://forum.mentalhealthlaw.co.uk/tags.md) **Page:** 2 --- ## [Rule 11(7)(a) appointments by tribunal office](https://forum.mentalhealthlaw.co.uk/t/rule-11-7-a-appointments-by-tribunal-office/4629)
**Author:** [@Karen](https://forum.mentalhealthlaw.co.uk/u/Karen)\ **Replies:** 2\ **Last updated:** [13 November 2025 12:41 UTC](https://forum.mentalhealthlaw.co.uk/t/rule-11-7-a-appointments-by-tribunal-office/4629 "2025-11-13T12:41:07Z")
We have become aware that the tribunal office have started ‘appointing’ reps under R 11(7) a without obtaining a capacity assessment . This is not within the rules as they do not have evidence on capacity or that the pat… --- ## [Independent doctor for MHT reports](https://forum.mentalhealthlaw.co.uk/t/independent-doctor-for-mht-reports/4633)
**Author:** [@Karen](https://forum.mentalhealthlaw.co.uk/u/Karen)\ **Replies:** 0\ **Last updated:** [13 November 2025 11:31 UTC](https://forum.mentalhealthlaw.co.uk/t/independent-doctor-for-mht-reports/4633 "2025-11-13T11:31:10Z")
My usual independent doctor has retired. Can anyone suggest someone good in the London area? --- ## [Rule 11(7)(a) and lack of express instructions](https://forum.mentalhealthlaw.co.uk/t/rule-11-7-a-and-lack-of-express-instructions/3222)
**Author:** [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\ **Replies:** 12\ **Last updated:** [29 October 2025 11:47 UTC](https://forum.mentalhealthlaw.co.uk/t/rule-11-7-a-and-lack-of-express-instructions/3222 "2025-10-29T11:47:46Z")
Have you seen the recent case about this? IN v St Andrew’s Healthcare \[2024\] UKUT 411 (AAC). After years of persuasion, the Legal Aid Agency eventually allowed representatives to claim Level 1 fee in limited circumstanc… --- ## [How soon do s2 hearings have to be listed?](https://forum.mentalhealthlaw.co.uk/t/how-soon-do-s2-hearings-have-to-be-listed/4503)
**Author:** [@Kemmasokol](https://forum.mentalhealthlaw.co.uk/u/Kemmasokol)\ **Replies:** 1\ **Last updated:** [25 October 2025 20:06 UTC](https://forum.mentalhealthlaw.co.uk/t/how-soon-do-s2-hearings-have-to-be-listed/4503 "2025-10-25T20:06:59Z")
Is the Section 2 hearing listed within 7 days or 10 days after Covid? I am slightly confused about which rule currently applies. --- ## [Withdrawing application after it has been consolidated with reference](https://forum.mentalhealthlaw.co.uk/t/withdrawing-application-after-it-has-been-consolidated-with-reference/4523)
**Author:** [@Kemmasokol](https://forum.mentalhealthlaw.co.uk/u/Kemmasokol)\ **Replies:** 9\ **Last updated:** [25 October 2025 19:53 UTC](https://forum.mentalhealthlaw.co.uk/t/withdrawing-application-after-it-has-been-consolidated-with-reference/4523 "2025-10-25T19:53:50Z")
My client’s initial Section 3 started on 24/06/2024. It was renewed on 23/12/2024 and again on 22/06/2025. He applied to the Tribunal on 23/09/2025, but his case was referred by the MHA, and the hearings have been consol… --- ## [Tribunal on the last day of s2, can the panel consider criteria for s3?](https://forum.mentalhealthlaw.co.uk/t/tribunal-on-the-last-day-of-s2-can-the-panel-consider-criteria-for-s3/4229)
**Author:** [@anonymous47](https://forum.mentalhealthlaw.co.uk/u/anonymous47)\ **Replies:** 5\ **Last updated:** [10 September 2025 10:37 UTC](https://forum.mentalhealthlaw.co.uk/t/tribunal-on-the-last-day-of-s2-can-the-panel-consider-criteria-for-s3/4229 "2025-09-10T10:37:23Z")
Where a tribunal is listed on the last day of a s2 - can the panel consider the s3 criteria if the RC indicates in evidence that his intention is to regrade to the s3 or not? Given the s2 is at the end, surely the quest… --- ## [Would the Court of Appeal ever make a hospital order when the patient no longer meets the detention criteria?](https://forum.mentalhealthlaw.co.uk/t/would-the-court-of-appeal-ever-make-a-hospital-order-when-the-patient-no-longer-meets-the-detention-criteria/4231)
**Author:** [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\ **Replies:** 0\ **Last updated:** [9 September 2025 10:30 UTC](https://forum.mentalhealthlaw.co.uk/t/would-the-court-of-appeal-ever-make-a-hospital-order-when-the-patient-no-longer-meets-the-detention-criteria/4231 "2025-09-09T10:30:30Z")
Continuing the discussion from Lawfulness of earlier first statutory referrals by the MOJ: I’m not sure that point (b) is right – but this made me remember more details of an old case, which maybe has been resolved in … --- ## [Time travel when the Court of Appeal impose a hospital order (when does it begin?)](https://forum.mentalhealthlaw.co.uk/t/time-travel-when-the-court-of-appeal-impose-a-hospital-order-when-does-it-begin/4230)
**Author:** [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\ **Replies:** 0\ **Last updated:** [9 September 2025 10:08 UTC](https://forum.mentalhealthlaw.co.uk/t/time-travel-when-the-court-of-appeal-impose-a-hospital-order-when-does-it-begin/4230 "2025-09-09T10:08:41Z")
Continuing the discussion from Lawfulness of earlier first statutory referrals by the MOJ: When does a hospital order imposed by the Court of Appeal take effect? Can you start applying to the tribunal six months after … --- ## [Timeframe from s2 application to hearing](https://forum.mentalhealthlaw.co.uk/t/timeframe-from-s2-application-to-hearing/4037)
**Author:** [@John1](https://forum.mentalhealthlaw.co.uk/u/John1)\ **Replies:** 2\ **Last updated:** [9 August 2025 19:33 UTC](https://forum.mentalhealthlaw.co.uk/t/timeframe-from-s2-application-to-hearing/4037 "2025-08-09T19:33:31Z")
Would you know how long for when a tribunal date is confirmed for appealing section 2? Thanks. --- ## [Tribunal's approach when RC supports deferred conditional discharge in absence of accommodation](https://forum.mentalhealthlaw.co.uk/t/tribunals-approach-when-rc-supports-deferred-conditional-discharge-in-absence-of-accommodation/3192)
**Author:** [@Lawyermentalhealth](https://forum.mentalhealthlaw.co.uk/u/Lawyermentalhealth)\ **Replies:** 7\ **Last updated:** [7 August 2025 12:00 UTC](https://forum.mentalhealthlaw.co.uk/t/tribunals-approach-when-rc-supports-deferred-conditional-discharge-in-absence-of-accommodation/3192 "2025-08-07T12:00:18Z")
Good morning friends- we have a forthcoming restricted hearing and the RC is recommending a deferred conditional discharge. However no accommodation has been identified / no overnight leave etc . Has anyone had any exper… --- ## [Section 68(2) referral, then discharged on s7 Guardianship -- does the Tribunal retain jurisdiction?](https://forum.mentalhealthlaw.co.uk/t/section-68-2-referral-then-discharged-on-s7-guardianship-does-the-tribunal-retain-jurisdiction/3666)
**Author:** [@anonymous68](https://forum.mentalhealthlaw.co.uk/u/anonymous68)\ **Replies:** 4\ **Last updated:** [1 August 2025 20:01 UTC](https://forum.mentalhealthlaw.co.uk/t/section-68-2-referral-then-discharged-on-s7-guardianship-does-the-tribunal-retain-jurisdiction/3666 "2025-08-01T20:01:18Z")
Good morning If a patient who was on a s3 and had a Tribunal coming up as a result of a s68(2) referral, does the Tribunal have the jurisdiction to hear if the patient is placed on s7 guardianship order before the hear… --- ## [Has the safeguard preventing consecutive detained patient paper hearings been affected by tribunal rule amendment?](https://forum.mentalhealthlaw.co.uk/t/has-the-safeguard-preventing-consecutive-detained-patient-paper-hearings-been-affected-by-tribunal-rule-amendment/3799)
**Author:** [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\ **Replies:** 4\ **Last updated:** [9 July 2025 22:31 UTC](https://forum.mentalhealthlaw.co.uk/t/has-the-safeguard-preventing-consecutive-detained-patient-paper-hearings-been-affected-by-tribunal-rule-amendment/3799 "2025-07-09T22:31:07Z")
Continuing the discussion from Potential reduction in paper hearings for CTO patients: I’ll be eating humble pie if I’ve interpreted it wrongly, but here’s the relevant extract from my MHLO summary of that SI: The int… --- ## [Who's the responsible authority for private hospitals?](https://forum.mentalhealthlaw.co.uk/t/whos-the-responsible-authority-for-private-hospitals/3816)
**Author:** [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\ **Replies:** 2\ **Last updated:** [4 July 2025 22:48 UTC](https://forum.mentalhealthlaw.co.uk/t/whos-the-responsible-authority-for-private-hospitals/3816 "2025-07-04T22:48:35Z")
This isn’t really important now that the tribunal application form doesn’t ask for Responsible Authority but, for example, for Priory Hospital Newbury is it “Priory Group Ltd” (or some other company name) or “Rebekah Cre… --- ## [Does "the Tribunal is satisfied that the patient has the capacity to make that decision" apply to CTO paper hearings?](https://forum.mentalhealthlaw.co.uk/t/does-the-tribunal-is-satisfied-that-the-patient-has-the-capacity-to-make-that-decision-apply-to-cto-paper-hearings/3798)
**Author:** [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\ **Replies:** 4\ **Last updated:** [2 July 2025 21:26 UTC](https://forum.mentalhealthlaw.co.uk/t/does-the-tribunal-is-satisfied-that-the-patient-has-the-capacity-to-make-that-decision-apply-to-cto-paper-hearings/3798 "2025-07-02T21:26:00Z")
Continuing the discussion from Potential reduction in paper hearings for CTO patients: I now think that “the Tribunal is satisfied that the patient has the capacity to make that decision” is probably part of rule 35(3)… --- ## [Error of law -- misleading the tribunal, and mistake of fact](https://forum.mentalhealthlaw.co.uk/t/error-of-law-misleading-the-tribunal-and-mistake-of-fact/3754)
**Author:** [@CaptainWalker](https://forum.mentalhealthlaw.co.uk/u/CaptainWalker)\ **Replies:** 6\ **Last updated:** [26 June 2025 22:07 UTC](https://forum.mentalhealthlaw.co.uk/t/error-of-law-misleading-the-tribunal-and-mistake-of-fact/3754 "2025-06-26T22:07:12Z")
Get into this: JB v Elysium Healthcare \[2025\] UKUT 9 (AAC) - Mental Health Law Online -and read the full judgment. It’s exciting! What’s called an ‘error of law’ may well be something else. Of course, I’m not allowed t… --- ## [Advice about CTO tribunal -- hearing imminent but not heard from solicitor](https://forum.mentalhealthlaw.co.uk/t/advice-about-cto-tribunal-hearing-imminent-but-not-heard-from-solicitor/3366)
**Author:** [@Dax](https://forum.mentalhealthlaw.co.uk/u/Dax)\ **Replies:** 8\ **Last updated:** [15 March 2025 14:08 UTC](https://forum.mentalhealthlaw.co.uk/t/advice-about-cto-tribunal-hearing-imminent-but-not-heard-from-solicitor/3366 "2025-03-15T14:08:38Z")
Person has a hearing on Tuesday, and the solicitor hasn’t given him any information about this forthcoming event. His IMHA has ignored emails and phone calls for the last five weeks, so he doesn’t have that support eithe… --- ## [RCs interfering in patients' tribunal application decisions](https://forum.mentalhealthlaw.co.uk/t/rcs-interfering-in-patients-tribunal-application-decisions/3599)
**Author:** [@anonymous66](https://forum.mentalhealthlaw.co.uk/u/anonymous66)\ **Replies:** 2\ **Last updated:** [5 May 2025 21:59 UTC](https://forum.mentalhealthlaw.co.uk/t/rcs-interfering-in-patients-tribunal-application-decisions/3599 "2025-05-05T21:59:46Z")
In the last week I’ve experienced two incidents (separate hospitals) whereby an RC has tried to influence a patient’s ability to apply to a Tribunal by suggesting they will either be kept in longer (i.e. having to wait f… --- ## [Notional section 37 -- tribunal referral at 6 months?](https://forum.mentalhealthlaw.co.uk/t/notional-section-37-tribunal-referral-at-6-months/3600)
**Author:** [@TraceyVickery](https://forum.mentalhealthlaw.co.uk/u/TraceyVickery)\ **Replies:** 3\ **Last updated:** [24 April 2025 20:41 UTC](https://forum.mentalhealthlaw.co.uk/t/notional-section-37-tribunal-referral-at-6-months/3600 "2025-04-24T20:41:36Z")
Hi All, hoping you might be able to help me. I am MHA Administrator in a forensic hospital. We have patients on a Section 47/49 which reverts to a Section 37 Notional when they come to the end of their sentence. My unde… --- ## [Rule 35 paper hearing and capacity ](https://forum.mentalhealthlaw.co.uk/t/rule-35-paper-hearing-and-capacity/3547)
**Author:** [@Balmullo](https://forum.mentalhealthlaw.co.uk/u/Balmullo)\ **Replies:** 2\ **Last updated:** [15 April 2025 14:21 UTC](https://forum.mentalhealthlaw.co.uk/t/rule-35-paper-hearing-and-capacity/3547 "2025-04-15T14:21:35Z")
With hospital based references, I understand that as from December 2024, a paper hearing can be requested under Rule 35. I read the rule as not being relevant where the patient lacks capacity. I have been appointed under… --- ## [Level 1 fee for client who does not engage](https://forum.mentalhealthlaw.co.uk/t/level-1-fee-for-client-who-does-not-engage/3548)
**Author:** [@Amy](https://forum.mentalhealthlaw.co.uk/u/Amy)\ **Replies:** 3\ **Last updated:** [7 April 2025 12:09 UTC](https://forum.mentalhealthlaw.co.uk/t/level-1-fee-for-client-who-does-not-engage/3548 "2025-04-07T12:09:35Z")
Can we claim level 1 fee if we are appointed under Rule 11 7 A, we make an attempt to see the client on the ward, they do not wish to engage, and they are discharged the next day? We did contact the hospital following ou… --- ## [Does a Section 2 Tribunal win imply unlawful detention?](https://forum.mentalhealthlaw.co.uk/t/does-a-section-2-tribunal-win-imply-unlawful-detention/2800)
**Author:** [@Herystote](https://forum.mentalhealthlaw.co.uk/u/Herystote)\ **Replies:** 15\ **Last updated:** [1 March 2025 20:18 UTC](https://forum.mentalhealthlaw.co.uk/t/does-a-section-2-tribunal-win-imply-unlawful-detention/2800 "2025-03-01T20:18:07Z")
Patient won their tribunal under section 2. I’m unclear on this as there is a lot of input surrounding ‘capacity’ or ‘insight’. If throughout section 2 the patient showed no evidence of a mental disorder or illness and… --- ## [Tribunal reasons and victims](https://forum.mentalhealthlaw.co.uk/t/tribunal-reasons-and-victims/1442)
**Author:** [@MHProfessional](https://forum.mentalhealthlaw.co.uk/u/MHProfessional)\ **Replies:** 2\ **Last updated:** [27 February 2025 16:25 UTC](https://forum.mentalhealthlaw.co.uk/t/tribunal-reasons-and-victims/1442 "2025-02-27T16:25:13Z")
Maher v First-tier Tribunal (Mental Health) \[2023\] EWHC 34 (Admin) The case highlights the tension between victim rights, against the rights of the individual, in this case a restricted patient. Hundred Families have so… --- ## [Paper hearing of s3 reference after patient put on CTO](https://forum.mentalhealthlaw.co.uk/t/paper-hearing-of-s3-reference-after-patient-put-on-cto/2565)
**Author:** [@Porolli](https://forum.mentalhealthlaw.co.uk/u/Porolli)\ **Replies:** 4\ **Last updated:** [24 February 2025 20:11 UTC](https://forum.mentalhealthlaw.co.uk/t/paper-hearing-of-s3-reference-after-patient-put-on-cto/2565 "2025-02-24T20:11:50Z")
Where a client has been referred for a tribunal due to six months elapsing on section 3, but is put onto a CTO before the hearing date occurs, is it possible for the patient to request a paper hearing? I am of course aw… --- ## [Power of attorney and tribunal applications](https://forum.mentalhealthlaw.co.uk/t/power-of-attorney-and-tribunal-applications/3306)
**Author:** [@Karen](https://forum.mentalhealthlaw.co.uk/u/Karen)\ **Replies:** 8\ **Last updated:** [24 February 2025 07:22 UTC](https://forum.mentalhealthlaw.co.uk/t/power-of-attorney-and-tribunal-applications/3306 "2025-02-24T07:22:40Z")
Can someone help me out with the case law on this? A hospital are refusing to provide me with details of the section because there is a PoA. --- ## [Reinstatement after r11(7)(b) appointment and withdrawal](https://forum.mentalhealthlaw.co.uk/t/reinstatement-after-r11-7-b-appointment-and-withdrawal/3309)
**Author:** [@Karen](https://forum.mentalhealthlaw.co.uk/u/Karen)\ **Replies:** 2\ **Last updated:** [22 February 2025 11:08 UTC](https://forum.mentalhealthlaw.co.uk/t/reinstatement-after-r11-7-b-appointment-and-withdrawal/3309 "2025-02-22T11:08:42Z")
If you are appointed under R11 7 b and withdraw the patient’s application do you think you can reinstate it? As it is the same matter I would assume you can but wondering what others think. --- ## [Requesting tribunal transcript for potential appeal](https://forum.mentalhealthlaw.co.uk/t/requesting-tribunal-transcript-for-potential-appeal/3273)
**Author:** [@Karen](https://forum.mentalhealthlaw.co.uk/u/Karen)\ **Replies:** 10\ **Last updated:** [20 February 2025 10:24 UTC](https://forum.mentalhealthlaw.co.uk/t/requesting-tribunal-transcript-for-potential-appeal/3273 "2025-02-20T10:24:19Z")
I have just read the practice direction to see whether it would be possible to use the transcript for the purposes of an appeal and I note that this is not mentioned. Does anyone know how long it is taking to get them? … --- ## [Paper hearings following references for detained patients](https://forum.mentalhealthlaw.co.uk/t/paper-hearings-following-references-for-detained-patients/3166)
**Author:** [@Karen](https://forum.mentalhealthlaw.co.uk/u/Karen)\ **Replies:** 6\ **Last updated:** [28 January 2025 17:06 UTC](https://forum.mentalhealthlaw.co.uk/t/paper-hearings-following-references-for-detained-patients/3166 "2025-01-28T17:06:34Z")
Can anyone tell me if this has come into practice yet? --- ## [S37/41 Discharge to victim's address](https://forum.mentalhealthlaw.co.uk/t/s37-41-discharge-to-victims-address/2544)
**Author:** [@Sophie\_Holloway](https://forum.mentalhealthlaw.co.uk/u/Sophie_Holloway)\ **Replies:** 2\ **Last updated:** [9 December 2024 09:58 UTC](https://forum.mentalhealthlaw.co.uk/t/s37-41-discharge-to-victims-address/2544 "2024-12-09T09:58:53Z")
I have a client detained under s37/41 and the victim of the offence is his mother. Mother would like to have him reside back home but team are obviously concerned. I should say that patient is ready for discharge. Has… --- ## [Restricted Cases and the Parole Board](https://forum.mentalhealthlaw.co.uk/t/restricted-cases-and-the-parole-board/2285)
**Author:** [@Hannah\_Grennan\_2](https://forum.mentalhealthlaw.co.uk/u/Hannah_Grennan_2)\ **Replies:** 1\ **Last updated:** [6 December 2024 23:55 UTC](https://forum.mentalhealthlaw.co.uk/t/restricted-cases-and-the-parole-board/2285 "2024-12-06T23:55:04Z")
We have a client who is an IPP detained in hospital under s47/49 MHA. We represented the client before the Mental Health Tribunal in 2022 in which the panel made a recommendation under s74(1)(b) that he should continue … --- ## [Tribunal making recommendations on care/treatment/ onward discharge destination](https://forum.mentalhealthlaw.co.uk/t/tribunal-making-recommendations-on-care-treatment-onward-discharge-destination/2580)
**Author:** [@AC23](https://forum.mentalhealthlaw.co.uk/u/AC23)\ **Replies:** 1\ **Last updated:** [6 December 2024 23:26 UTC](https://forum.mentalhealthlaw.co.uk/t/tribunal-making-recommendations-on-care-treatment-onward-discharge-destination/2580 "2024-12-06T23:26:48Z")
I have a patient where the tribunal upheld the section but made some ‘recommendations’ on their onward discharge destination. I know that these are only recommendations and obviously will give them due consideration but … [Previous page](https://forum.mentalhealthlaw.co.uk/c/law-and-practice/mental-health-tribunal/15.md) [Next page](https://forum.mentalhealthlaw.co.uk/c/law-and-practice/mental-health-tribunal/15.md?page=2)