Apply to the Mental Health Tribunal
The tribunal's decision
The tribunal usually makes a decision at the end of the hearing. You’ll get the decision on the day, and you’ll usually get full written reasons within 7 days of the hearing.
Depending on your circumstances, the tribunal can:
- order your discharge (on the same day or at a future date)
- recommend that you’re transferred to a different hospital
- recommend that you’re considered for treatment under a community treatment order
- recommend that you’re allowed to leave the hospital for periods of time, to see if you’re ready for life in the community
- recommend that you’re returned to prison, if you’re a prisoner who has been transferred to a hospital
The tribunal cannot change your treatment, for example medication.
Appeal
If you lose your case, you can ask the tribunal:
- to cancel the decision - you must do this within 28 days of getting the written decision
- for permission to appeal to a higher tribunal (the ‘Upper Tribunal’)
Ask the tribunal to cancel the decision
You’ll be told how to get a decision ‘set aside’ (cancelled) if you think there’s been a mistake in the process, for example you were not told about the hearing so did not go.
If the tribunal cancels the decision, you may be able to get a new hearing.
Contact Citizens Advice if you need help.
Appeal to the Upper Tribunal
You can ask for permission to appeal to the Upper Tribunal if you think there was a legal mistake, for example if they:
- did not apply the correct law or wrongly interpreted the law
- did not follow the correct procedures
- had no evidence or not enough evidence to support its decision
Fill in the application for permission to appeal - the address is on the form.
Another judge will look to see if there’s a legal problem with your case and if it needs to be heard again.
Complain
You cannot complain about the decision - you can only complain about the tribunal staff and the way the hearing took place.