The Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008

CHAPTER 1 U.K. Before the hearing

Application of Part 4 U.K.

31.  This Part applies only to mental health cases.

Procedure in mental health cases U.K.

32.—(1) An application or reference must be—

(a) made in writing;

(b) signed (in the case of an application, by the applicant or any person authorised by the applicant to do so); and

(c) sent or delivered to the Tribunal so that it is received within the time specified in the Mental Health Act 1983 or the Repatriation of Prisoners Act 1984.

(2) An application must, if possible, include—

(a) the name and address of the patient;

(b) if the application is made by the patient's nearest relative, the name, address and relationship to the patient of the patient's nearest relative;

(c) the provision under which the patient is detained, liable to be detained, subject to guardianship, a community patient or subject to after-care under supervision;

(d) whether the person making the application has appointed a representative or intends to do so, and the name and address of any representative appointed;

(e) the name and address of the responsible authority in relation to the patient.

(3) Subject to rule 14(2) (withholding evidence likely to cause harm), when the Tribunal receives a document from any party it must send a copy of that document to each other party.

(4) If the patient is a conditionally discharged patient (as defined in the Mental Health Act 1983) the Secretary of State must send or deliver a statement containing the information and documents required by the relevant practice direction to the Tribunal so that it is received by the Tribunal as soon as practicable and in any event within 6 weeks after the Secretary of State received a copy of the application or a request from the Tribunal.

(5) In proceedings under section 66(1)(a) of the Mental Health Act 1983 (application for admission for assessment), on the earlier of receipt of the copy of the application or a request from the Tribunal, the responsible authority must send or deliver to the Tribunal—

(a) the application for admission;

(b) the medical recommendations on which the application is founded;

(c) such of the information specified in the relevant practice direction as is within the knowledge of the responsible authority and can reasonably be provided in the time available; and

(d) such of the documents specified in the relevant practice direction as can reasonably be provided in the time available.

(6) If paragraph (4) or (5) does not apply, the responsible authority must send or deliver a statement containing the information and documents required by the relevant practice direction to the Tribunal so that it is received by the Tribunal as soon as practicable and in any event within 3 weeks after the responsible authority received a copy of the application or reference.

(7) If the patient is a restricted patient the responsible authority must also send the statement under paragraph (6) to the Secretary of State, and the Secretary of State must send a statement of any further relevant information to the Tribunal as soon as practicable and in any event—

(a) in proceedings under section 75(1) of the Mental Health Act 1983, within 2 weeks after the Secretary of State received the relevant authority's statement; or

(b) otherwise, within 3 weeks after the Secretary of State received the relevant authority's statement.

(8) If the Secretary of State wishes to seek the approval of the Tribunal under section 86(3) of the Mental Health Act 1983, the Secretary of State must refer the patient's case to the Tribunal and the provisions of these Rules applicable to references under that Act apply to the proceedings.

Notice of proceedings to interested persons U.K.

33.  When the Tribunal receives the information required by rule 32(4), (5) or (6) (procedure in mental health cases) the Tribunal must give notice of the proceedings—

(a) where the patient is subject to the guardianship of a private guardian, to the guardian;

(b) where there is an extant order of the Court of Protection, to that court;

(c) subject to a patient with capacity to do so requesting otherwise, where any person other than the applicant is named by the authority as exercising the functions of the nearest relative, to that person;

(d) where a health authority, Primary Care Trust, National Health Service trust or NHS foundation trust has a right to discharge the patient under the provisions of section 23(3) of the Mental Health Act 1983, to that authority or trust; and

(e) to any other person who, in the opinion of the Tribunal, should have an opportunity of being heard.

Medical examination of the patient U.K.

34.—(1) Before a hearing to consider the disposal of a mental health case, an appropriate member of the Tribunal must, so far as practicable—

(a) examine the patient; and

(b) take such other steps as that member considers necessary to form an opinion of the patient's mental condition.

(2) For the purposes of paragraph (1) that member may—

(a) examine the patient in private;

(b) examine records relating to the detention or treatment of the patient and any after-care services;

(c) take notes and copies of records for use in connection with the proceedings.