# Notional section 37 -- tribunal referral at 6 months?

**URL:** <https://forum.mentalhealthlaw.co.uk/t/notional-section-37-tribunal-referral-at-6-months/3600>\
**Category:** Mental Health Tribunal\
**Tags:** referral\
**Created:** [22 April 2025 09:18 UTC](https://forum.mentalhealthlaw.co.uk/t/notional-section-37-tribunal-referral-at-6-months/3600 "2025-04-22T09:18:28Z")\
**Posts on this page:** 4\
**Page:** 1

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**Author:** ![TraceyVickery](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/t/77aa72/32.png) [@TraceyVickery](https://forum.mentalhealthlaw.co.uk/u/TraceyVickery)\
**Post date:** [22 April 2025 09:18 UTC](https://forum.mentalhealthlaw.co.uk/t/notional-section-37-tribunal-referral-at-6-months/3600/1 "2025-04-22T09:18:28Z")

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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 understanding is if they have not applied for a Tribunal within the first 6 months then we refer them at the 6 month anniversary, and we have done this with many patients. The Tribunal office has also confirmed that this is the correct practice.  
However we have recently had a panel refuse to continue with a S37N 6 month referral stating that it should not have been referred and is ‘striked out’. The Rule 11 solicitor agreed with the panel.  
I have spoken to another solicitor who agrees a patient on a S37N should be referred to the Tribunal at 6 months. I have emailed the Tribunal several times and had no response, and have included the original email from the Tribunal confirming the referral at 6 months. This email was also shown to the Judge on the day and he still refused to continue with the Hearing.  
Can anyone confirm if the Hearing should have gone ahead and if we should be referring patients on a S37N at 6 months please?

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**Author:** ![GuyDavis](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/g/eb9ed0/32.png) [@GuyDavis](https://forum.mentalhealthlaw.co.uk/u/GuyDavis)\
**Post date:** [22 April 2025 11:18 UTC](https://forum.mentalhealthlaw.co.uk/t/notional-section-37-tribunal-referral-at-6-months/3600/2 "2025-04-22T11:18:08Z")

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The Tribunal panel was correct, you should not be referring in these circumstances. See the applicability of section 68 to unrestricted Part III patients, in Part A of Schedule 1 of the Act.

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**Author:** ![TraceyVickery](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/t/77aa72/32.png) [@TraceyVickery](https://forum.mentalhealthlaw.co.uk/u/TraceyVickery)\
**Post date:** [22 April 2025 13:42 UTC](https://forum.mentalhealthlaw.co.uk/t/notional-section-37-tribunal-referral-at-6-months/3600/3 "2025-04-22T13:42:11Z")

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> [@GuyDavis](#):
>
> section 68 to unrestricted Part III patients, in Part A of Schedule 1 of the Act.

Thank you Guy, I’ll have a look at all of that.

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**Author:** ![Jonathan](https://forum.mentalhealthlaw.co.uk/user_avatar/forum.mentalhealthlaw.co.uk/jonathan/32/88_2.png) [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\
**Post date:** [24 April 2025 20:41 UTC](https://forum.mentalhealthlaw.co.uk/t/notional-section-37-tribunal-referral-at-6-months/3600/4 "2025-04-24T20:41:36Z")

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The relevant law is set out at [Mandatory and discretionary references - Mental Health Law Online](https://www.mentalhealthlaw.co.uk/Mandatory_and_discretionary_references#Reference_by_Hospital_managers_%28unrestricted_%E2%80%93_mandatory_only%29), though when I get time I’d like to make that page more readable! I’m going to mark Guy’s answer as the solution to this topic.