# Mental Health Tribunal **URL:** https://forum.mentalhealthlaw.co.uk/c/law-and-practice/mental-health-tribunal/15.md?page=2 [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:** 3 --- ## [Tribunal decisions - full findings and reasons (FFRs)](https://forum.mentalhealthlaw.co.uk/t/tribunal-decisions-full-findings-and-reasons-ffrs/619)
**Author:** [@Barry](https://forum.mentalhealthlaw.co.uk/u/Barry)\ **Replies:** 14\ **Last updated:** [4 December 2024 22:31 UTC](https://forum.mentalhealthlaw.co.uk/t/tribunal-decisions-full-findings-and-reasons-ffrs/619 "2024-12-04T22:31:53Z")
Are redacted FFR decisions of mental health tribunals available for inspection by the public, preferably online? If available online, where can they be found? If available offline, to whom can an application be made to i… --- ## [Automatic Tribunal -- for s3 after having s2 tribunal](https://forum.mentalhealthlaw.co.uk/t/automatic-tribunal-for-s3-after-having-s2-tribunal/2815)
**Author:** [@hewitth](https://forum.mentalhealthlaw.co.uk/u/hewitth)\ **Replies:** 4\ **Last updated:** [15 October 2024 23:04 UTC](https://forum.mentalhealthlaw.co.uk/t/automatic-tribunal-for-s3-after-having-s2-tribunal/2815 "2024-10-15T23:04:03Z")
Hi If a person is on a S2 and appeals, the section is upheld, subsequently they are put on a S3 which is then renewed, do they need an automatic tribunal or does the one on the S2 count for the S3 as well. Thanks --- ## [Tribunal application and capacity](https://forum.mentalhealthlaw.co.uk/t/tribunal-application-and-capacity/2830)
**Author:** [@Lawyermentalhealth](https://forum.mentalhealthlaw.co.uk/u/Lawyermentalhealth)\ **Replies:** 18\ **Last updated:** [15 October 2024 13:33 UTC](https://forum.mentalhealthlaw.co.uk/t/tribunal-application-and-capacity/2830 "2024-10-15T13:33:39Z")
Dear friends, We submitted an application to a FTT on behalf of a client. At the time, we assessed her to have capacity to make the application but we are now concerned she has lost capacity. She is ambivalent with rega… --- ## [Paper Review -- CTO referral for under 18](https://forum.mentalhealthlaw.co.uk/t/paper-review-cto-referral-for-under-18/2835)
**Author:** [@Sophie\_Holloway](https://forum.mentalhealthlaw.co.uk/u/Sophie_Holloway)\ **Replies:** 2\ **Last updated:** [15 October 2024 10:00 UTC](https://forum.mentalhealthlaw.co.uk/t/paper-review-cto-referral-for-under-18/2835 "2024-10-15T10:00:00Z")
Hi, Can anyone point me in the direction of the Rule that says under 18s can’t request a paper review via a T128. Person is a CTO patient and referred to Tribunal by Hospital Managers? Thanks --- ## [Disclosure of FTT decision](https://forum.mentalhealthlaw.co.uk/t/disclosure-of-ftt-decision/2750)
**Author:** [@Sophie\_Holloway](https://forum.mentalhealthlaw.co.uk/u/Sophie_Holloway)\ **Replies:** 5\ **Last updated:** [27 September 2024 11:58 UTC](https://forum.mentalhealthlaw.co.uk/t/disclosure-of-ftt-decision/2750 "2024-09-27T11:58:11Z")
Hi, An informal recommendation was made in a recent Tribunal to basically endorse the Doctors plan to refer to the National Psychosis Unit. The Judge asked me what Rule allowed the Tribunal to consent to the Doctor dis… --- ## [Treatment of Expert Evidence in Mental Health Tribunals](https://forum.mentalhealthlaw.co.uk/t/treatment-of-expert-evidence-in-mental-health-tribunals/2721)
**Author:** [@Barry](https://forum.mentalhealthlaw.co.uk/u/Barry)\ **Replies:** 0\ **Last updated:** [13 September 2024 10:41 UTC](https://forum.mentalhealthlaw.co.uk/t/treatment-of-expert-evidence-in-mental-health-tribunals/2721 "2024-09-13T10:41:14Z")
Do the common law rules/principles relating to Expert Evidence (as formulated eg by Cresswell J in ‘the Ikarian Reefer’ (1993) \*) apply to medical opinion evidence presented to Mental Health Tribunals? Either way, what … --- ## [Automatic Tribunal S37](https://forum.mentalhealthlaw.co.uk/t/automatic-tribunal-s37/2706)
**Author:** [@hewitth](https://forum.mentalhealthlaw.co.uk/u/hewitth)\ **Replies:** 1\ **Last updated:** [11 September 2024 16:47 UTC](https://forum.mentalhealthlaw.co.uk/t/automatic-tribunal-s37/2706 "2024-09-11T16:47:46Z")
If a person is on a S3 and has an automatic tribunal for the S3 renewal on 19/05/2023, he is then put on S37 then this is renewed does he need an automatic tribunal again for the S37 or would the last tribunal still coun… --- ## [Right for translator for Nearest Relative at Tribunal ](https://forum.mentalhealthlaw.co.uk/t/right-for-translator-for-nearest-relative-at-tribunal/2413)
**Author:** [@JBurgess](https://forum.mentalhealthlaw.co.uk/u/JBurgess)\ **Replies:** 3\ **Last updated:** [30 May 2024 08:15 UTC](https://forum.mentalhealthlaw.co.uk/t/right-for-translator-for-nearest-relative-at-tribunal/2413 "2024-05-30T08:15:28Z")
Hello All, Hoping someone can please help me with an issue. The client has asked the Nearest Relative to attend the Tribunal as they support discharge however the NR does not speak English. The Tribunal have refused to … --- ## [Mental health tribunals, retrospective judgements](https://forum.mentalhealthlaw.co.uk/t/mental-health-tribunals-retrospective-judgements/2484)
**Author:** [@Andrew](https://forum.mentalhealthlaw.co.uk/u/Andrew)\ **Replies:** 1\ **Last updated:** [30 May 2024 08:01 UTC](https://forum.mentalhealthlaw.co.uk/t/mental-health-tribunals-retrospective-judgements/2484 "2024-05-30T08:01:12Z")
I am familiar with the real time activity of tribunals that may release section 2 inmates if they do not exhibit the criteria to justify detention. Do they have any powers to investigate past cases where a person was pos… --- ## [Independent Psychiatrist](https://forum.mentalhealthlaw.co.uk/t/independent-psychiatrist/2417)
**Author:** [@Porolli](https://forum.mentalhealthlaw.co.uk/u/Porolli)\ **Replies:** 3\ **Last updated:** [7 May 2024 16:20 UTC](https://forum.mentalhealthlaw.co.uk/t/independent-psychiatrist/2417 "2024-05-07T16:20:40Z")
I am in the Manchester area and I am seeking suggestions for someone who may be able to do an independent medical report for Tribunal purposes. My client has ASD and is also diagnosed with Emotionally Unstable Personali… --- ## [Rule 14 non-disclosure and fair hearings](https://forum.mentalhealthlaw.co.uk/t/rule-14-non-disclosure-and-fair-hearings/2343)
**Author:** [@Rob\_Beech](https://forum.mentalhealthlaw.co.uk/u/Rob_Beech)\ **Replies:** 1\ **Last updated:** [10 April 2024 08:54 UTC](https://forum.mentalhealthlaw.co.uk/t/rule-14-non-disclosure-and-fair-hearings/2343 "2024-04-10T08:54:29Z")
Quite often we receive documents requesting non-disclosure for flimsy reasons that don’t meet the test in R14. These often result in the author of the report requesting to withdraw or no longer rely on that information … --- ## [DoH s2 references](https://forum.mentalhealthlaw.co.uk/t/doh-s2-references/2332)
**Author:** [@Karen](https://forum.mentalhealthlaw.co.uk/u/Karen)\ **Replies:** 3\ **Last updated:** [31 March 2024 09:23 UTC](https://forum.mentalhealthlaw.co.uk/t/doh-s2-references/2332 "2024-03-31T09:23:41Z")
The DoH have started automatically rejecting referrals which have been made in the last 7 days of s2 on the basis that there is not enough time for the MHT to be held before the end of the section. I challenged this poi… --- ## [Responsiblity for translation of tribunal reports into foreign languages](https://forum.mentalhealthlaw.co.uk/t/responsiblity-for-translation-of-tribunal-reports-into-foreign-languages/1603)
**Author:** [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\ **Replies:** 4\ **Last updated:** [21 February 2024 13:23 UTC](https://forum.mentalhealthlaw.co.uk/t/responsiblity-for-translation-of-tribunal-reports-into-foreign-languages/1603 "2024-02-21T13:23:06Z")
If a patient is unable to read English, who is responsible for obtaining a translation of the RC’s report into a language that the patient understands? Is it the Trust or the tribunal service? I was asked this question … --- ## [Rule 11 appointment](https://forum.mentalhealthlaw.co.uk/t/rule-11-appointment/2171)
**Author:** [@Lawyermentalhealth](https://forum.mentalhealthlaw.co.uk/u/Lawyermentalhealth)\ **Replies:** 1\ **Last updated:** [31 January 2024 23:34 UTC](https://forum.mentalhealthlaw.co.uk/t/rule-11-appointment/2171 "2024-01-31T23:34:52Z")
Good morning friends, We have been appointed to represent a client under rule 11 (a) however the client had refused to engage with us. Should we ask to be appointed under Rule 11 (b) if the patient has been found to lac… --- ## [Obtaining recording of tribunal hearing?](https://forum.mentalhealthlaw.co.uk/t/obtaining-recording-of-tribunal-hearing/2168)
**Author:** [@Herystote](https://forum.mentalhealthlaw.co.uk/u/Herystote)\ **Replies:** 4\ **Last updated:** [26 January 2024 12:43 UTC](https://forum.mentalhealthlaw.co.uk/t/obtaining-recording-of-tribunal-hearing/2168 "2024-01-26T12:43:09Z")
Is there a way to obtain the recording of a tribunal hearing that took place over the web e.g. similar to facetime etc? I had a look on the government website - they have an application for an audio transcription. But, … --- ## [Tribunal directing deferred discharge](https://forum.mentalhealthlaw.co.uk/t/tribunal-directing-deferred-discharge/2022)
**Author:** [@NickyGatland](https://forum.mentalhealthlaw.co.uk/u/NickyGatland)\ **Replies:** 4\ **Last updated:** [25 November 2023 21:20 UTC](https://forum.mentalhealthlaw.co.uk/t/tribunal-directing-deferred-discharge/2022 "2023-11-25T21:20:39Z")
I have a client who is under Section 2 due to expire monday at midnight. The panel advised that they do not find nature or degree. In relation to risks dont find health and protection of others namely arguments in famil… --- ## [Appeal panel's decision not to withdraw](https://forum.mentalhealthlaw.co.uk/t/appeal-panels-decision-not-to-withdraw/1993)
**Author:** [@NickyGatland](https://forum.mentalhealthlaw.co.uk/u/NickyGatland)\ **Replies:** 4\ **Last updated:** [11 November 2023 22:12 UTC](https://forum.mentalhealthlaw.co.uk/t/appeal-panels-decision-not-to-withdraw/1993 "2023-11-11T22:12:33Z")
I did a case yesterday where the panel refused to consent to a withdrawal. Clients circumstances changed on the day of the hearing. Supported accommodation assessed and accepted them at 11:30 and hearing was due to star… --- ## [Section 2 tribunal delay](https://forum.mentalhealthlaw.co.uk/t/section-2-tribunal-delay/1998)
**Author:** [@anonymous26](https://forum.mentalhealthlaw.co.uk/u/anonymous26)\ **Replies:** 5\ **Last updated:** [9 November 2023 23:11 UTC](https://forum.mentalhealthlaw.co.uk/t/section-2-tribunal-delay/1998 "2023-11-09T23:11:04Z")
Hi, I have a case where a patient had a section 2 hearing listed over a week ago and it had to be adjourned on the day as there wasn’t a full panel. We are still waiting for a date for the new hearing but the section 2 i… --- ## [Section 37/41 data specifically regarding tribunal outcomes](https://forum.mentalhealthlaw.co.uk/t/section-37-41-data-specifically-regarding-tribunal-outcomes/1982)
**Author:** [@AnthonyP](https://forum.mentalhealthlaw.co.uk/u/AnthonyP)\ **Replies:** 4\ **Last updated:** [31 October 2023 23:01 UTC](https://forum.mentalhealthlaw.co.uk/t/section-37-41-data-specifically-regarding-tribunal-outcomes/1982 "2023-10-31T23:01:04Z")
Firstly apologies if this isn’t an apt forum to ask something like this. I’m looking for data regarding the outcomes of Mental Health Tribunals relating to s37/41 orders. Number of people held under the section (eithe… --- ## [Request from patient's solicitor for Tribunal](https://forum.mentalhealthlaw.co.uk/t/request-from-patients-solicitor-for-tribunal/1975)
**Author:** [@Maverick](https://forum.mentalhealthlaw.co.uk/u/Maverick)\ **Replies:** 6\ **Last updated:** [31 October 2023 08:52 UTC](https://forum.mentalhealthlaw.co.uk/t/request-from-patients-solicitor-for-tribunal/1975 "2023-10-31T08:52:47Z")
Hi, We have patient in secure service under section 37 ( notional). The solicitor representing patient in upcoming FTT has asked for reports like HCR-20,risk assessments and psychology reports for preparation for Tribu… --- ## [S17 leave for s37/41 patient](https://forum.mentalhealthlaw.co.uk/t/s17-leave-for-s37-41-patient/1524)
**Author:** [@Porolli](https://forum.mentalhealthlaw.co.uk/u/Porolli)\ **Replies:** 14\ **Last updated:** [25 October 2023 03:06 UTC](https://forum.mentalhealthlaw.co.uk/t/s17-leave-for-s37-41-patient/1524 "2023-10-25T03:06:04Z")
I have a client who is seeking Conditional Discharge. They have an offer of place in supported accommodation but overnight leave has not yet been approved by the MoJ (although it is expected to be shortly). I am trying … --- ## [Restricted Patients Panel](https://forum.mentalhealthlaw.co.uk/t/restricted-patients-panel/1080)
**Author:** [@Joolsleeds](https://forum.mentalhealthlaw.co.uk/u/Joolsleeds)\ **Replies:** 1\ **Last updated:** [23 October 2023 21:54 UTC](https://forum.mentalhealthlaw.co.uk/t/restricted-patients-panel/1080 "2023-10-23T21:54:07Z")
Does the ‘Restricted Patient Panel’ still exist? Any sources on this? --- ## [Inadequate tribunal rooms](https://forum.mentalhealthlaw.co.uk/t/inadequate-tribunal-rooms/1945)
**Author:** [@Karen](https://forum.mentalhealthlaw.co.uk/u/Karen)\ **Replies:** 1\ **Last updated:** [17 October 2023 12:46 UTC](https://forum.mentalhealthlaw.co.uk/t/inadequate-tribunal-rooms/1945 "2023-10-17T12:46:05Z")
I have a feeling that there was a dedicated email to complain about this. Does anyone know? --- ## [Disclosure of medical records/progress notes](https://forum.mentalhealthlaw.co.uk/t/disclosure-of-medical-records-progress-notes/1913)
**Author:** [@Karen](https://forum.mentalhealthlaw.co.uk/u/Karen)\ **Replies:** 17\ **Last updated:** [11 October 2023 12:48 UTC](https://forum.mentalhealthlaw.co.uk/t/disclosure-of-medical-records-progress-notes/1913 "2023-10-11T12:48:58Z")
Information Governance for our local Trust have decided to stop complying with the Direction for Remote access (Mental Health Tribunal, ‘Direction for disclosure of medical records to legal representatives and to Medical… --- ## [Legal Aid - Which level should we claim?](https://forum.mentalhealthlaw.co.uk/t/legal-aid-which-level-should-we-claim/1861)
**Author:** [@RKM](https://forum.mentalhealthlaw.co.uk/u/RKM)\ **Replies:** 1\ **Last updated:** [16 September 2023 22:43 UTC](https://forum.mentalhealthlaw.co.uk/t/legal-aid-which-level-should-we-claim/1861 "2023-09-16T22:43:27Z")
This may be a long shot but we had a situation where we made an application on behalf of P to withdraw his Tribunal application midway through the hearing, due to information disclosed by the Care Co within her evidence … --- ## [Tribunal application 48/49-37/41](https://forum.mentalhealthlaw.co.uk/t/tribunal-application-48-49-37-41/1823)
**Author:** [@Karen](https://forum.mentalhealthlaw.co.uk/u/Karen)\ **Replies:** 2\ **Last updated:** [4 September 2023 21:18 UTC](https://forum.mentalhealthlaw.co.uk/t/tribunal-application-48-49-37-41/1823 "2023-09-04T21:18:12Z")
Just for info… My client appealed to MHT when on 48/49 and was placed on 37/41 before the hearing. The MoJ filed a supplementary statement stating that the MHT should decide whether the appeal should proceed and that th… --- ## [Should the Law Society give the MHT accreditation scheme back to the SRA?](https://forum.mentalhealthlaw.co.uk/t/should-the-law-society-give-the-mht-accreditation-scheme-back-to-the-sra/1798)
**Author:** [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\ **Replies:** 3\ **Last updated:** [30 August 2023 09:35 UTC](https://forum.mentalhealthlaw.co.uk/t/should-the-law-society-give-the-mht-accreditation-scheme-back-to-the-sra/1798 "2023-08-30T09:35:42Z")
The SRA took over all the accreditation schemes a few years ago, including the mental health panel, but in 2009 handed some back to the Law Society. The rationale was that the SRA should run the mandatory schemes (eg for… --- ## [Six-month reference and notional s37 patients](https://forum.mentalhealthlaw.co.uk/t/six-month-reference-and-notional-s37-patients/1803)
**Author:** [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\ **Replies:** 2\ **Last updated:** [25 August 2023 14:05 UTC](https://forum.mentalhealthlaw.co.uk/t/six-month-reference-and-notional-s37-patients/1803 "2023-08-25T14:05:08Z")
Apparently some hospitals make the reference 6 months after the notional s37 commences, and the tribunal secretariat accepts this without question. At other hospitals the first reference is made at the one- or three-year… --- ## [When does the “3 years” start for the purposes of s.68(6) MHA?](https://forum.mentalhealthlaw.co.uk/t/when-does-the-3-years-start-for-the-purposes-of-s-68-6-mha/1572)
**Author:** [@IANCAMPBELL](https://forum.mentalhealthlaw.co.uk/u/IANCAMPBELL)\ **Replies:** 9\ **Last updated:** [22 August 2023 10:44 UTC](https://forum.mentalhealthlaw.co.uk/t/when-does-the-3-years-start-for-the-purposes-of-s-68-6-mha/1572 "2023-08-22T10:44:12Z")
When does the “3 years” start for the purposes of s.68(6) MHA? Client received her s.37 order in April 2020 and has not had a MHT since. S.68(6) MHT: “The managers of the hospital shall also refer the patient’s case to… --- ## [Representatives and seeking discretionary tribunal references](https://forum.mentalhealthlaw.co.uk/t/representatives-and-seeking-discretionary-tribunal-references/1293)
**Author:** [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\ **Replies:** 5\ **Last updated:** [27 July 2023 22:21 UTC](https://forum.mentalhealthlaw.co.uk/t/representatives-and-seeking-discretionary-tribunal-references/1293 "2023-07-27T22:21:30Z")
Law Society, ‘Practice note: Representation before mental health tribunals’ (31/8/22) states (emphasis added): If you form the view that your client does not have capacity to make an application, but it is clear that t… [Previous page](https://forum.mentalhealthlaw.co.uk/c/law-and-practice/mental-health-tribunal/15.md?page=1) [Next page](https://forum.mentalhealthlaw.co.uk/c/law-and-practice/mental-health-tribunal/15.md?page=3)