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

CHAPTER 2 U.K. Hearings

[F1 Restrictions on disposal of proceedings without a hearing] U.K.

35.— [F2 (1) Subject to the following paragraphs, the Tribunal must hold a hearing before making a decision which disposes of proceedings.]

(2) This rule does not apply to a decision under Part 5.

[F3 (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.

(4) The Tribunal may dispose of proceedings without a hearing under rule 8(3) (striking out a party’s case).]

Textual Amendments

F1 Rule 35 title substituted (6.4.2012) by The Tribunal Procedure (Amendment) Rules 2012 (S.I. 2012/500), rules 1(2), 3(3)(a)

F2 Rule 35(1) substituted (6.4.2012) by The Tribunal Procedure (Amendment) Rules 2012 (S.I. 2012/500), rules 1(2), 3(3)(b)

F3 Rule 35(3)(4) inserted (6.4.2012) by The Tribunal Procedure (Amendment) Rules 2012 (S.I. 2012/500), rules 1(2), 3(3)(c)

Entitlement to attend a hearing U.K.

36.—(1) Subject to rule 38(4) (exclusion of a person from a hearing), each party to proceedings is entitled to attend a hearing.

(2) Any person notified of the proceedings under rule 33 (notice of proceedings to interested persons) may—

(a) attend and take part in a hearing to such extent as the Tribunal considers proper; or

(b) provide written submissions to the Tribunal.

Time and place of hearings U.K.

37.—(1) In proceedings under section 66(1)(a) of the Mental Health Act 1983 the hearing of the case must start within [F4 10] days after the date on which the Tribunal received the application notice.

(2) In proceedings under section 75(1) of that Act, the hearing of the case must start at least 5 weeks but no more than 8 weeks after the date on which the Tribunal received the reference.

(3) The Tribunal must give reasonable notice of the time and place of the hearing (including any adjourned or postponed hearing), and any changes to the time and place of the hearing, to—

(a) each party entitled to attend a hearing; and

(b) any person who has been notified of the proceedings under rule 33 (notice of proceedings to interested persons).

(4) The period of notice under paragraph (3) must be at least [F5 21 days], except that—

(a) in proceedings under section 66(1)(a) of the Mental Health Act 1983 the period must be at least 3 working days; and

(b) the Tribunal may give shorter notice—

(i) with the parties' consent; or

(ii) in urgent or exceptional circumstances.

Textual Amendments

F4 Word in rule 37(1) substituted (1.11.2022) by The Tribunal Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/1030), rules 1, 3(2)

F5 Words in rule 37(4) substituted (6.4.2014) by The Tribunal Procedure (Amendment) Rules 2014 (S.I. 2014/514), rules 1, 19

Public and private hearings U.K.

38.—(1) All hearings must be held in private unless the Tribunal considers that it is in the interests of justice for the hearing to be held in public.

(2) If a hearing is held in public, the Tribunal may give a direction that part of the hearing is to be held in private.

(3) Where a hearing, or part of it, is to be held in private, the Tribunal may determine who is permitted to attend the hearing or part of it.

(4) The Tribunal may give a direction excluding from any hearing, or part of it—

(a) any person whose conduct the Tribunal considers is disrupting or is likely to disrupt the hearing;

(b) any person whose presence the Tribunal considers is likely to prevent another person from giving evidence or making submissions freely;

(c) any person who the Tribunal considers should be excluded in order to give effect to a direction under rule 14(2) (withholding information likely to cause harm); or

(d) any person where the purpose of the hearing would be defeated by the attendance of that person.

(5) The Tribunal may give a direction excluding a witness from a hearing until that witness gives evidence.

Hearings in a party's absence U.K.

39.—(1) Subject to paragraph (2), if a party fails to attend a hearing the Tribunal may proceed with the hearing if the Tribunal—

(a) is satisfied that the party has been notified of the hearing or that reasonable steps have been taken to notify the party of the hearing; and

(b) considers that it is in the interests of justice to proceed with the hearing.

[F6 (2) The Tribunal may not proceed with a hearing that the patient has failed to attend unless the Tribunal is satisfied that—

(a) the patient—

(i) has decided not to attend the hearing; or

(ii) is unable to attend the hearing for reasons of ill health; and

(b) an examination under rule 34 (medical examination of the patient)—

(i) has been carried out; or

(ii) is impractical or unnecessary.]

Textual Amendments

F6 Rule 39(2) substituted (6.4.2014) by The Tribunal Procedure (Amendment) Rules 2014 (S.I. 2014/514), rules 1, 20

Power to pay allowances U.K.

40.  The Tribunal may pay allowances in respect of travelling expenses, subsistence and loss of earnings to—

(a) any person who attends a hearing as an applicant or a witness;

(b) a patient who attends a hearing otherwise than as the applicant or a witness; and

(c) any person (other than a legal representative) who attends as the representative of an applicant.