— Tribunal rule 35 was amended from 27 December 2024 to allow mandatory references made under s68, s71(2) and s75(1) in relation to a patient who is not a community (CTO) patient to be decided without a hearing if: (a) he is legally represented; (b) the representative has stated in writing that the patient does not wish to attend or be represented at a hearing of the reference; (c) the patient’s representative has discussed with the patient the contents of any reports and any other documents provided by the responsible clinician and any social supervisor in respect of the patient and is satisfied that the patient has the capacity to decide "whether or not to make that decision"; and (d) the tribunal is satisfied that the patient has the capacity to make that decision. The new procedure will not apply if either the patient's case has not previously been considered by the tribunal or the patient's case was last considered by the tribunal without a hearing.
Full details available at: https://www.mentalhealthlaw.co.uk/Tribunal_Procedure_(Amendment_No._2)_Rules_2024?id=270125-2040