Make a victim representation to the Mental Health Tribunal

If you’re the victim of a violent or sexual offence by a restricted patient detained because of mental illness, you might be able to:

  • ask that they have to follow conditions on their release (known as a ‘written representation’)
  • submit a victim impact statement to the First-tier Tribunal (Mental Health)

If the victim cannot do this themselves, a close family member of the victim can do it for them. This would apply if the victim has died, is mentally incapacitated or they’re too young.

The First-tier Tribunal (Mental Health) decides when patients can be released.

There are different Mental Health Tribunals for Wales and Mental Health Tribunals for Scotland.

Conditions you can ask for

Discharge conditions can include:

  • banning the patient from contacting you
  • making ‘exclusion zones’ that the patient is not allowed to enter

The tribunal can only place discharge conditions on restricted patients, for example patients who have received an order from the Crown Court or been transferred from prison.

The tribunal cannot place conditions on:

  • non-restricted patients - your written representation will be given to the patient’s psychiatrist if they’re discharged
  • community treatment patients - the patient’s doctor may be able to place conditions on their discharge

When to make your representation

Restricted patients

You’ll be contacted by your Victim Liaison Officer (VLO) who will tell you:

  • what’s happening with the patient’s detention
  • the dates of any future hearings
  • when you can make your representation

Contact the tribunal if you have not been contacted by a VLO.

First-tier Tribunal (Mental Health)
PO Box 11231
Leicester
LE1 8FR

mhtenquiries@justice.gov.uk

Non-restricted patients

You’ll be contacted by the hospital manager when there’s going to be a hearing.

How to submit a victim representation and impact statement to the tribunal

Submitting a representation

Your VLO will help you fill in the victim representation and impact form.

You can say:

  • that you think conditions should be placed on the patient if discharged
  • what those conditions should be

Do not include anything else, for example your feelings, unless it’s relevant to the conditions you’re requesting.

All members of the tribunal panel will get a copy of your representation form.

Submitting a victim impact statement

A victim impact statement allows you to explain the impact the crime had on you. You might be able to submit one if:

  • you’re part of the Victim Contact Scheme
  • the patient is on a section 37/41 hospital order with restriction (your VLO will know if this applies)

You can include your victim impact statement in your victim representation form. It will be used by the tribunal to decide on any conditions you’ve requested.

You can request for this to be read at the tribunal by:

  • you over a phone or video call
  • you in a recording
  • your VLO

Withholding your representation or victim impact statement from the patient

Patients can usually read all representations and victim impact statements at their hearing. You can ask for them to be withheld from the patient, but this will only be allowed under exceptional circumstances, for example, if someone’s safety will be put at risk.

Attending a hearing

You can ask to attend a hearing remotely (by phone or video link) to read your victim impact statement or listen to it being read. You will have your VLO with you and must leave after.

You will not usually be allowed to make your representation at the hearing. If there are exceptional circumstances, write to the tribunal in advance explaining what they are. You’ll be asked to leave after you’ve made your representation.

The tribunal’s decision

In restricted cases, your VLO will be told about the tribunal’s decision within 7 days of the hearing.

In non-restricted cases, a hospital doctor will tell you the tribunal’s decision.

You have a right to know:

  • if and when the patient is going to be discharged
  • any conditions placed on the patient that you need to know
  • any changes to conditions that you’ve been told of in the past
  • if and when a restriction order is going to stop

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