# Paper Review -- CTO referral for under 18

**URL:** <https://forum.mentalhealthlaw.co.uk/t/paper-review-cto-referral-for-under-18/2835>\
**Category:** Mental Health Tribunal\
**Created:** [15 October 2024 08:51 UTC](https://forum.mentalhealthlaw.co.uk/t/paper-review-cto-referral-for-under-18/2835 "2024-10-15T08:51:19Z")\
**Posts on this page:** 3\
**Page:** 1

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**Author:** ![Sophie\_Holloway](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/s/a88e4f/32.png) [@Sophie\_Holloway](https://forum.mentalhealthlaw.co.uk/u/Sophie_Holloway)\
**Post date:** [15 October 2024 08:51 UTC](https://forum.mentalhealthlaw.co.uk/t/paper-review-cto-referral-for-under-18/2835/1 "2024-10-15T08:51:20Z")

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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

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**Author:** ![ZacSussex](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/z/e8c25b/32.png) [@ZacSussex](https://forum.mentalhealthlaw.co.uk/u/ZacSussex)\
**Post date:** [15 October 2024 09:26 UTC](https://forum.mentalhealthlaw.co.uk/t/paper-review-cto-referral-for-under-18/2835/2 "2024-10-15T09:26:30Z")

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[Rule 35](https://www.mentalhealthlaw.co.uk/Tribunal_Procedure_(First-tier_Tribunal)_(Health,_Education_and_Social_Care_Chamber)_Rules_2008#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.

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<div class="post-metadata">

**Author:** ![Sophie\_Holloway](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/s/a88e4f/32.png) [@Sophie\_Holloway](https://forum.mentalhealthlaw.co.uk/u/Sophie_Holloway)\
**Post date:** [15 October 2024 10:00 UTC](https://forum.mentalhealthlaw.co.uk/t/paper-review-cto-referral-for-under-18/2835/3 "2024-10-15T10:00:00Z")

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