Apply to the Mental Health Tribunal

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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.