Civil news: mental health work change for tribunal appointments
Changes are being made to mental health contracts to cover more cases when a tribunal appoints providers to represent clients.
We are making changes to the mental health contract to allow providers to make a claim where the:
- mental health tribunal appoints a representative because the client has said they do not want to conduct their own case, or they want to be represented
- client then refuses to engage with the representative or sign the legal aid form
Level 1 fee claim
Providers will in future be able to claim a level 1 fee of £129 in these cases if the client refuses to engage.
The fee will only be available on the basis that certain conditions are met as outlined in the mental health contract – see 9.105(a).
When do changes start?
These changes apply to any case where the tribunal appointment is made on or after 21 March 2023.
Further information
Standard Civil Contract 2018 – for information on mental health contract, including changes being made. Updated guidance on rules can be downloaded by scrolling to file attachment ‘Contract management: mental health guidance 2018’.