Can anyone tell me if this has come into practice yet?
It looks like Rule 35 was amended on 27 December 2024, so yes.
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I’ve actually received a Rule 35 application form from the Tribunal service for a restricted patients reference this week.
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Thanks for pointing this out. I’d missed it, but now the amended version of rule 35 is on MHLO: see Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 - Mental Health Law Online.
It’s a bit strange that we didn’t seem to get any official notification from MHT. I will be encouraging my clients not to have a paper review as routine.
The way the rule is written means that the patient has to be represented before a paper hearing for a non-community patient can take place, which is good. It means we might actually get instructions or appointments in respect of clients who would otherwise have not bothered getting representation.
Obviously there’s all sorts of potential benefits to having a Tribunal even if discharge is unlikely, but we can at least advise on a case by case basis.
Yes - I agree