# Is the quality of Tribunal decisions declining? **URL:** \ **Category:** Mental Health Tribunal\ **Created:** [21 January 2026 10:11 UTC](https://forum.mentalhealthlaw.co.uk/t/is-the-quality-of-tribunal-decisions-declining/5028 "2026-01-21T10:11:11Z")\ **Posts on this page:** 10\ **Page:** 1
**Author:** ![DeborahR](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/d/ac8455/32.png) [@DeborahR](https://forum.mentalhealthlaw.co.uk/u/DeborahR)\ **Post date:** [21 January 2026 10:11 UTC](https://forum.mentalhealthlaw.co.uk/t/is-the-quality-of-tribunal-decisions-declining/5028/1 "2026-01-21T10:11:11Z")
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 particularly exciting case (nor a lengthy Decision to read) but a reminder that the FTT should be challenged when it does not explain it’s decision sufficiently. [MK v Nottinghamshire Healthcare NHS Foundation Trust [2025] MHLO 17 (UT) - Mental Health Law Online](https://www.mentalhealthlaw.co.uk/MK_v_Nottinghamshire_Healthcare_NHS_Foundation_Trust_(2025)_MHLO_17_(UT)). I’ve also recently represented another client in a successful appeal based on inadequate reasons that didn’t get as far as the UT as the FTT allowed it. I have a further three appeals outstanding, two of which are also based on inadequate reasons. Is the quality of FTT-MH decisions declining or am I just more confident in appealing them (or maybe less tolerant in what I assess as adequate!)? ---
**Author:** ![Joolsleeds](https://forum.mentalhealthlaw.co.uk/user_avatar/forum.mentalhealthlaw.co.uk/joolsleeds/32/56_2.png) [@Joolsleeds](https://forum.mentalhealthlaw.co.uk/u/Joolsleeds)\ **Post date:** [21 January 2026 10:27 UTC](https://forum.mentalhealthlaw.co.uk/t/is-the-quality-of-tribunal-decisions-declining/5028/2 "2026-01-21T10:27:43Z")
> [@DeborahR](#): > > posting Is Section 47 correct in the summary? ---
**Author:** ![DeborahR](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/d/ac8455/32.png) [@DeborahR](https://forum.mentalhealthlaw.co.uk/u/DeborahR)\ **Post date:** [21 January 2026 10:39 UTC](https://forum.mentalhealthlaw.co.uk/t/is-the-quality-of-tribunal-decisions-declining/5028/3 "2026-01-21T10:39:41Z")
It’s a typo - should be 41 (ie: s37/41) ---
**Author:** ![Rhian](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/r/77aa72/32.png) [@Rhian](https://forum.mentalhealthlaw.co.uk/u/Rhian)\ **Post date:** [21 January 2026 13:17 UTC](https://forum.mentalhealthlaw.co.uk/t/is-the-quality-of-tribunal-decisions-declining/5028/4 "2026-01-21T13:17:25Z")
MHT decisions have changed in their format and content as a result of the [Senior President of Tribunals Practice Direction from 2024 entitled ‘Reasons for Decisions’](https://www.mentalhealthlaw.co.uk/Practice_Direction_from_the_Senior_President_of_Tribunals:_Reasons_for_decisions_(4_June_2024)). ---
**Author:** ![Karen](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/k/7feea3/32.png) [@Karen](https://forum.mentalhealthlaw.co.uk/u/Karen)\ **Post date:** [21 January 2026 13:18 UTC](https://forum.mentalhealthlaw.co.uk/t/is-the-quality-of-tribunal-decisions-declining/5028/5 "2026-01-21T13:18:39Z")
I have just had two overturned at FTT after a long spell when they routinely refused appeals so I wonder if they are becoming more willing to overturn them at FTT. ---
**Author:** ![DeborahR](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/d/ac8455/32.png) [@DeborahR](https://forum.mentalhealthlaw.co.uk/u/DeborahR)\ **Post date:** [21 January 2026 13:43 UTC](https://forum.mentalhealthlaw.co.uk/t/is-the-quality-of-tribunal-decisions-declining/5028/6 "2026-01-21T13:43:12Z")
This is often cited in decisions as a reason for them being short, but they still need to be adequate. I read a fairly short decision recently that was appropriately succinct and a really good example of adequacy without length, so it can be done. ---
**Author:** ![DeborahR](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/d/ac8455/32.png) [@DeborahR](https://forum.mentalhealthlaw.co.uk/u/DeborahR)\ **Post date:** [21 January 2026 13:44 UTC](https://forum.mentalhealthlaw.co.uk/t/is-the-quality-of-tribunal-decisions-declining/5028/7 "2026-01-21T13:44:13Z")
Possibly - I’ll see what happens with the ones I have remaining! ---
**Author:** ![SocialWorkerGary](https://forum.mentalhealthlaw.co.uk/user_avatar/forum.mentalhealthlaw.co.uk/socialworkergary/32/296_2.png) [@SocialWorkerGary](https://forum.mentalhealthlaw.co.uk/u/SocialWorkerGary)\ **Post date:** [22 January 2026 10:06 UTC](https://forum.mentalhealthlaw.co.uk/t/is-the-quality-of-tribunal-decisions-declining/5028/9 "2026-01-22T10:06:29Z")
One factor, Deborah, could be the cross-ticketing of tribunal judges/panel members from other jurisdictions? Just a thought. ---
**Author:** ![DeborahR](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/d/ac8455/32.png) [@DeborahR](https://forum.mentalhealthlaw.co.uk/u/DeborahR)\ **Post date:** [29 January 2026 21:05 UTC](https://forum.mentalhealthlaw.co.uk/t/is-the-quality-of-tribunal-decisions-declining/5028/10 "2026-01-29T21:05:07Z")
Apologies, I don’t know why I missed your reply. I can’t disagree. ---
**Author:** ![DeborahR](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/d/ac8455/32.png) [@DeborahR](https://forum.mentalhealthlaw.co.uk/u/DeborahR)\ **Post date:** [30 January 2026 10:09 UTC](https://forum.mentalhealthlaw.co.uk/t/is-the-quality-of-tribunal-decisions-declining/5028/11 "2026-01-30T10:09:28Z")
I’ve reflected on my initial response and I can’t say I confidently agree either, because I am not monitoring whose decisions I am appealing so don’t know the length of service or experience of each Judge/panel. I think it is probably a combination of factors but it’s reassuring to know that other people are seeing the same.