# Mental Health Tribunal **URL:** https://forum.mentalhealthlaw.co.uk/c/law-and-practice/mental-health-tribunal/15.md?page=4 [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:** 5 --- ## [Strike Out - or Reinstatement - No equivalent in Wales](https://forum.mentalhealthlaw.co.uk/t/strike-out-or-reinstatement-no-equivalent-in-wales/704)
**Author:** [@Rob\_Beech](https://forum.mentalhealthlaw.co.uk/u/Rob_Beech)\ **Replies:** 3\ **Last updated:** [2 December 2021 13:31 UTC](https://forum.mentalhealthlaw.co.uk/t/strike-out-or-reinstatement-no-equivalent-in-wales/704 "2021-12-02T13:31:44Z")
We obviously have the SM v Livewell case which deals with capacity to make an application to the Tribunal. Obviously in cases where the application is invalid the Tribunal have the option under Rule 8 to strike it out h… --- ## [Section 47/49 sentence due to end within days of tribunal](https://forum.mentalhealthlaw.co.uk/t/section-47-49-sentence-due-to-end-within-days-of-tribunal/709)
**Author:** [@KeithJames3768](https://forum.mentalhealthlaw.co.uk/u/KeithJames3768)\ **Replies:** 1\ **Last updated:** [30 November 2021 21:18 UTC](https://forum.mentalhealthlaw.co.uk/t/section-47-49-sentence-due-to-end-within-days-of-tribunal/709 "2021-11-30T21:18:30Z")
Hello, I have a section 47/49 tribunal listed this week. Client transferred prison to hospital August. Applied to the tribunal shortly after. Tribunal not listed until this week. The end of sentence date is 10 days af… --- ## ["Completed MHT" in the last 12 months for reaccreditation](https://forum.mentalhealthlaw.co.uk/t/completed-mht-in-the-last-12-months-for-reaccreditation/685)
**Author:** [@Chelin](https://forum.mentalhealthlaw.co.uk/u/Chelin)\ **Replies:** 4\ **Last updated:** [15 November 2021 22:56 UTC](https://forum.mentalhealthlaw.co.uk/t/completed-mht-in-the-last-12-months-for-reaccreditation/685 "2021-11-15T22:56:51Z")
Does anyone know what the definition of “completed” could be in the guidance notes or is it intended to have the dictionary meaning of " finished/done/concluded"? --- ## [Minimum number of representations at Tribunal hearings for re-accreditation](https://forum.mentalhealthlaw.co.uk/t/minimum-number-of-representations-at-tribunal-hearings-for-re-accreditation/603)
**Author:** [@hayleymiller](https://forum.mentalhealthlaw.co.uk/u/hayleymiller)\ **Replies:** 1\ **Last updated:** [28 October 2021 22:27 UTC](https://forum.mentalhealthlaw.co.uk/t/minimum-number-of-representations-at-tribunal-hearings-for-re-accreditation/603 "2021-10-28T22:27:43Z")
I was wondering if anyone was aware of the minimum number of Tribunal hearings you need to attend over the 3-year period in order to be eligible for re-accreditation? I have recently qualified as a solicitor and will be… --- ## [Powers of Tribunal to discharge to lower security](https://forum.mentalhealthlaw.co.uk/t/powers-of-tribunal-to-discharge-to-lower-security/582)
**Author:** [@Joolsleeds](https://forum.mentalhealthlaw.co.uk/u/Joolsleeds)\ **Replies:** 5\ **Last updated:** [27 July 2021 21:03 UTC](https://forum.mentalhealthlaw.co.uk/t/powers-of-tribunal-to-discharge-to-lower-security/582 "2021-07-27T21:03:04Z")
Can a FTT(MH) discharge a patient from a high secure hospital to a medium secure unit for treatment? I’d understood they could only determine if treatment in hospital was still necessary. I’ve been told there’s case law… --- ## [Tribunal Member - Complaints](https://forum.mentalhealthlaw.co.uk/t/tribunal-member-complaints/543)
**Author:** [@Rob\_Beech](https://forum.mentalhealthlaw.co.uk/u/Rob_Beech)\ **Replies:** 6\ **Last updated:** [4 July 2021 19:17 UTC](https://forum.mentalhealthlaw.co.uk/t/tribunal-member-complaints/543 "2021-07-04T19:17:30Z")
Does anyone have any recent experience of complaining about Tribunal members? I have come across the same Judge two weeks on the run who is not only thoroughly incompetent but also downright unpleasant. The Tribunal we… --- ## [Withdrawals](https://forum.mentalhealthlaw.co.uk/t/withdrawals/463)
**Author:** [@Karen](https://forum.mentalhealthlaw.co.uk/u/Karen)\ **Replies:** 14\ **Last updated:** [5 May 2021 12:29 UTC](https://forum.mentalhealthlaw.co.uk/t/withdrawals/463 "2021-05-05T12:29:50Z")
My client has told me that she wishes to withdraw her application purely because of pressure from her family. In addition I have just received an abusive call from her brother demanding that I withdraw her application. I… --- ## [MAPPA / PPO attendance at tribunal](https://forum.mentalhealthlaw.co.uk/t/mappa-ppo-attendance-at-tribunal/466)
**Author:** [@Karen](https://forum.mentalhealthlaw.co.uk/u/Karen)\ **Replies:** 0\ **Last updated:** [3 May 2021 14:42 UTC](https://forum.mentalhealthlaw.co.uk/t/mappa-ppo-attendance-at-tribunal/466 "2021-05-03T14:42:32Z")
Has anyone recently managed to get a PPO or anyone else representing MAPPA directed to attend a MHT? --- ## [Medical Members - Registration Status](https://forum.mentalhealthlaw.co.uk/t/medical-members-registration-status/395)
**Author:** [@Rob\_Beech](https://forum.mentalhealthlaw.co.uk/u/Rob_Beech)\ **Replies:** 10\ **Last updated:** [9 April 2021 08:04 UTC](https://forum.mentalhealthlaw.co.uk/t/medical-members-registration-status/395 "2021-04-09T08:04:44Z")
Is a medical member still permitted to sit on the Tribunal if they are on the GMC register but not licensed to practice medicine in the UK? --- ## [Victim Representations](https://forum.mentalhealthlaw.co.uk/t/victim-representations/280)
**Author:** [@Karen](https://forum.mentalhealthlaw.co.uk/u/Karen)\ **Replies:** 7\ **Last updated:** [24 February 2021 13:55 UTC](https://forum.mentalhealthlaw.co.uk/t/victim-representations/280 "2021-02-24T13:55:52Z")
Has anyone else noticed that tribunals seem remarkably unconcerned these days about whether the VLO has sought victim representations. In the past tribunals would adjourn if there was any chance of discharge to find out.… --- ## [Error in law (wrong criteria)?](https://forum.mentalhealthlaw.co.uk/t/error-in-law-wrong-criteria/296)
**Author:** [@Karen](https://forum.mentalhealthlaw.co.uk/u/Karen)\ **Replies:** 9\ **Last updated:** [21 February 2021 18:39 UTC](https://forum.mentalhealthlaw.co.uk/t/error-in-law-wrong-criteria/296 "2021-02-21T18:39:37Z")
During a recent 37/41 hearing I had the nagging feeling that the Judge was not clear on the law with regard to deferring a conditional discharge. The written decision not to grant a DCD is comprehensive, thorough and I … --- ## [Lay Members on Tribunals](https://forum.mentalhealthlaw.co.uk/t/lay-members-on-tribunals/284)
**Author:** [@Chriswpitt](https://forum.mentalhealthlaw.co.uk/u/Chriswpitt)\ **Replies:** 2\ **Last updated:** [11 February 2021 16:38 UTC](https://forum.mentalhealthlaw.co.uk/t/lay-members-on-tribunals/284 "2021-02-11T16:38:56Z")
I wonder if anyone could suggest reading or links for somebody preparing to interview with the JAC for the role of lay person on MHT’s in England and Wales. Thanks. Chris Pitt. --- ## [New Procedures with Pre-Hearing Examinations](https://forum.mentalhealthlaw.co.uk/t/new-procedures-with-pre-hearing-examinations/335)
**Author:** [@Tammy](https://forum.mentalhealthlaw.co.uk/u/Tammy)\ **Replies:** 2\ **Last updated:** [10 February 2021 16:41 UTC](https://forum.mentalhealthlaw.co.uk/t/new-procedures-with-pre-hearing-examinations/335 "2021-02-10T16:41:42Z")
I made an application for a PHE to take place on a different day to the Tribunal which was initially refused and the granted on renewal. In the decision it is stated; "This decision is consistent with the tribunal ser… --- ## [Arguments against cancelling hearings after a reassessment following Devon ruling](https://forum.mentalhealthlaw.co.uk/t/arguments-against-cancelling-hearings-after-a-reassessment-following-devon-ruling/332)
**Author:** [@Lucy](https://forum.mentalhealthlaw.co.uk/u/Lucy)\ **Replies:** 2\ **Last updated:** [10 February 2021 07:04 UTC](https://forum.mentalhealthlaw.co.uk/t/arguments-against-cancelling-hearings-after-a-reassessment-following-devon-ruling/332 "2021-02-10T07:04:35Z")
Has any formal guidance been issued in regards to potentially invalid applications to the MHT where a patient has been reassessed and placed on a “new” section 3 following the Devon ruling? MHT are asking for written sub… --- ## [Tribunal - statements on risk from victims](https://forum.mentalhealthlaw.co.uk/t/tribunal-statements-on-risk-from-victims/322)
**Author:** [@Joolsleeds](https://forum.mentalhealthlaw.co.uk/u/Joolsleeds)\ **Replies:** 4\ **Last updated:** [3 February 2021 00:16 UTC](https://forum.mentalhealthlaw.co.uk/t/tribunal-statements-on-risk-from-victims/322 "2021-02-03T00:16:59Z")
Just had this from a Tribunal Judge in an ‘Interlocutory Decision Before Hearing’: “Victims are not permitted to make … statements about questions of future risk” Can anyone tell me if this is correct, and if so, on wh… --- ## [Pre-Hearing Examinations - what is "exceptional"?](https://forum.mentalhealthlaw.co.uk/t/pre-hearing-examinations-what-is-exceptional/165)
**Author:** [@AdamMarley](https://forum.mentalhealthlaw.co.uk/u/AdamMarley)\ **Replies:** 3\ **Last updated:** [30 December 2020 14:17 UTC](https://forum.mentalhealthlaw.co.uk/t/pre-hearing-examinations-what-is-exceptional/165 "2020-12-30T14:17:02Z")
Good morning everyone, I have a client at one of the high security hospitals and I am appointed under r.11(7)(b). Due to the client’s fluctuating capacity and the risk that he may not actually turn up for the hearing it… --- ## [Unsafe disclosure of family submissions at Tribunals - options for appeal](https://forum.mentalhealthlaw.co.uk/t/unsafe-disclosure-of-family-submissions-at-tribunals-options-for-appeal/249)
**Author:** [@Joolsleeds](https://forum.mentalhealthlaw.co.uk/u/Joolsleeds)\ **Replies:** 8\ **Last updated:** [23 December 2020 09:29 UTC](https://forum.mentalhealthlaw.co.uk/t/unsafe-disclosure-of-family-submissions-at-tribunals-options-for-appeal/249 "2020-12-23T09:29:44Z")
I’ve got a case where a victim of a mentally disordered offender who committed a very serious offence asked for their submission not to be shared with the patient as it could potentially pose a serious risk to the victim… --- ## [MOJ ad hoc referral](https://forum.mentalhealthlaw.co.uk/t/moj-ad-hoc-referral/242)
**Author:** [@Rob\_Beech](https://forum.mentalhealthlaw.co.uk/u/Rob_Beech)\ **Replies:** 2\ **Last updated:** [27 November 2020 22:35 UTC](https://forum.mentalhealthlaw.co.uk/t/moj-ad-hoc-referral/242 "2020-11-27T22:35:01Z")
Does anyone have the up to date contact details to request the MOJ make a referral as per s71(1) please? --- ## [Enforcement of Statutory Recommendations](https://forum.mentalhealthlaw.co.uk/t/enforcement-of-statutory-recommendations/241)
**Author:** [@nickyodonnell](https://forum.mentalhealthlaw.co.uk/u/nickyodonnell)\ **Replies:** 9\ **Last updated:** [25 November 2020 11:07 UTC](https://forum.mentalhealthlaw.co.uk/t/enforcement-of-statutory-recommendations/241 "2020-11-25T11:07:37Z")
Hi All, I have obtained a statutory recommendation for a client to be moved to a less secure hospital as they are no longer in the least restrictive option. Tribunal was beginning of October 2020 however nothing has be… --- ## [Factual errors in MHT decisions](https://forum.mentalhealthlaw.co.uk/t/factual-errors-in-mht-decisions/205)
**Author:** [@Karen](https://forum.mentalhealthlaw.co.uk/u/Karen)\ **Replies:** 1\ **Last updated:** [17 November 2020 11:40 UTC](https://forum.mentalhealthlaw.co.uk/t/factual-errors-in-mht-decisions/205 "2020-11-17T11:40:18Z")
I am never sure how to approach an appeal where a factual error by the MHT has materially affected their decision. As this is not an error of law I never know how to frame an appeal where the MHT have simply misunderstoo… --- ## [S47/49 Tribunal](https://forum.mentalhealthlaw.co.uk/t/s47-49-tribunal/204)
**Author:** [@Karen](https://forum.mentalhealthlaw.co.uk/u/Karen)\ **Replies:** 2\ **Last updated:** [17 November 2020 10:36 UTC](https://forum.mentalhealthlaw.co.uk/t/s47-49-tribunal/204 "2020-11-17T10:36:37Z")
A tribunal have declined to state that patient is ready for discharge but have recommended that the CMHT access accommodation to which the patient could have overnight leave - (even though the clinical team have said he… --- ## [Tribunal eligibility calculation after conditional discharge](https://forum.mentalhealthlaw.co.uk/t/tribunal-eligibility-calculation-after-conditional-discharge/172)
**Author:** [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\ **Replies:** 3\ **Last updated:** [12 November 2020 06:49 UTC](https://forum.mentalhealthlaw.co.uk/t/tribunal-eligibility-calculation-after-conditional-discharge/172 "2020-11-12T06:49:23Z")
I have been asked by another solicitor to post the following query anonymously: In regards to section 75(2) of the Mental Health Act 1983 as amended, within the 23rd edition of Jones Mental Health Act Manual page 498 … --- ## [Independent social worker](https://forum.mentalhealthlaw.co.uk/t/independent-social-worker/170)
**Author:** [@Karen](https://forum.mentalhealthlaw.co.uk/u/Karen)\ **Replies:** 2\ **Last updated:** [10 November 2020 14:04 UTC](https://forum.mentalhealthlaw.co.uk/t/independent-social-worker/170 "2020-11-10T14:04:45Z")
Well -that neatly brings me onto my other enquiry. Does anyone know of a good ISW? Neither of our former regulars are currently working. --- ## [Giving tribunal date to client](https://forum.mentalhealthlaw.co.uk/t/giving-tribunal-date-to-client/168)
**Author:** [@Karen](https://forum.mentalhealthlaw.co.uk/u/Karen)\ **Replies:** 6\ **Last updated:** [5 November 2020 13:49 UTC](https://forum.mentalhealthlaw.co.uk/t/giving-tribunal-date-to-client/168 "2020-11-05T13:49:23Z")
A new fee earner joined our firm a couple of years ago. She has an agreement, going back many years, with a local hospital that she will not give the date of the tribunal to one of her established clients until the day o… --- ## [Mental Health Tribunals for learning disability and/or autism](https://forum.mentalhealthlaw.co.uk/t/mental-health-tribunals-for-learning-disability-and-or-autism/157)
**Author:** [@StevenR](https://forum.mentalhealthlaw.co.uk/u/StevenR)\ **Replies:** 3\ **Last updated:** [30 October 2020 13:25 UTC](https://forum.mentalhealthlaw.co.uk/t/mental-health-tribunals-for-learning-disability-and-or-autism/157 "2020-10-30T13:25:57Z")
I am aware the MHT have a special panel for children’s cases but given the continued issues for people detained with learning disability and/or autism (latest CQC report) do they have one for LD/autism cases? If not shou… [Previous page](https://forum.mentalhealthlaw.co.uk/c/law-and-practice/mental-health-tribunal/15.md?page=3)