Paper Review -- CTO referral for under 18

Law and practice Mental Health Tribunal
1

Hi,

Can anyone point me in the direction of the Rule that says under 18s can’t request a paper review via a T128. Person is a CTO patient and referred to Tribunal by Hospital Managers?

Thanks

2

Rule 35(3):

(3) The Tribunal may make a decision on a reference under section 68 of the Mental Health Act 1983 (duty of managers of hospitals to refer cases to tribunal) without a hearing if the patient is a community patient aged 18 or over and either—

(a) the patient has stated in writing that the patient does not wish to attend or be represented at a hearing of the reference and the Tribunal is satisfied that the patient has the capacity to decide whether or not to make that decision; or

(b) the patient’s representative has stated in writing that the patient does not wish to attend or be represented at a hearing of the reference.

1 Like
3

Thanks Zac. For some reason I couldn’t find it and it was clearly staring me in the face!

1 Like