Mental Health Tribunal rule consultation

The Tribunal Procedure Committee has opened a consultation, closing on 7 April, on extending the window within which the Mental Health Tribunal (in England) can list hearings of applications in cases under s.2 Mental Health Act 1983.

The proposal is to:

14 […] substitute for the 7-day time-limit for the holding of a hearing a time-limit of 10 days.  Since an application must be received by the 14th day of detention, this would mean that the latest the hearing would be held would be 24 days after the detention started. The Secretary of State can refer cases to the Tribunal if the date has been passed for making an application and the Tribunal could prioritise listing these cases to ensure they are heard before the section expires. If the case needs to be listed earlier the representative can make an application for this to be done. As noted above, nearly all patients are represented.  

The consultation paper and consultation questionnaire can be found here.

The Mental Health Review for Tribunal is governed by its own procedural rules, so this consultation does not relate to Wales.

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