Apply to the Mental Health Tribunal

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After you apply

You’ll be told when the tribunal has received your application. You’ll get information on your rights to legal representation if you did not include a legal representative’s details in your application.

Nearer the time of the hearing you’ll be given copies of reports so that you can check that the information’s correct and work out any questions you want to ask.

When the hearing will happen

The date of the hearing depends on your situation. You’ll usually get a hearing within:

  • 10 days of applying if you’ve been detained for assessment
  • 2 months if you’ve been detained for treatment
  • 4 months if you’re a ‘restricted patient’ (you were given a restriction order by the Crown Court or you were transferred from prison with a restriction direction)

Request a pre-hearing examination

You can ask for a pre-hearing examination with the tribunal doctor if you want one. The doctor will be able to read your medical records.

If you’ve been detained for assessment, ask in writing for the examination when you send your application to the tribunal.

If you’ve been detained for treatment or you’ve received a restriction order or direction, you must ask at least 2 weeks before the hearing.

Write to:

HM Courts and Tribunals Service
First-tier Tribunal (Mental Health)
PO Box 8793
5th Floor
Leicester
LE1 8BN
Telephone: 0300 123 2201
Find out about call charges

mhtenquiries@justice.gov.uk

Your pre-hearing examination may take place in person or by video call.

The tribunal will also receive reports from:

  • your ‘responsible clinician’ (this could be a doctor, a nurse, a psychologist or another medical professional)
  • the social work team responsible for your care
  • the nursing team responsible for your care, if you’re detained in a hospital
  • the Secretary of State for Justice, if you’ve received a restriction order or direction
  • your social supervisor, if you’ve received a restriction order or direction and you’re living in the community on conditional discharge

If you do not want to continue with your application

Write to the tribunal as soon as possible if you do not want to continue with your application. The tribunal will decide whether to accept your withdrawal.

You cannot withdraw your case if it was automatically referred to the tribunal, but you do not have to go to the hearing if you do not want to.

View a printable version of the whole guide

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