View source for Eligibility periods

One application may be made to the [[Tribunal]] in each eligibility period. These periods vary from section to section. If an application is withdrawn it is treated as never having been made ([[s77]](2)) so the patient can re-apply within the same eligibility period.

{| class="wikitable"
! Section/event !! Application by patient !! Application by [[NR]] !! Authority

|-
!colspan="4"|Section 66: Applications to Tribunals

|-
| [[s2]] admission for assessment
| During first 14 days only (counting day of admission) – unless Tribunal office is closed on 14th day, in which case the deadline is extended until the next business day ([[R (Modaresi) v SSH (2011) EWCA Civ 1359]])
| -
| [[s66]](1)(a), (2)(a)

|- 
| [[s4]] emergency admission for assessment
| At any time
| -
| [[s66]](1)(a), (2)(a)

|-
| [[s3]] admission for treatment. (This does not apply to recalled CTO patients under s17E.)

| One application during first six-month period; once during subsequent six-month period; once during each annual period thereafter
| -
| [[s66]](1)(b), (2)(b) (first six months). s66(1)(f),(2)(f) (following renewals). s66(2A) (disapplying s66(1)(b) for recalled community patients).

|-
| [[s7]] guardianship application 
| As for s3
| -
| s66(1)(c),(2)(c) (first six months). s66(1)(f), (2)(f) (following renewals)

|-
| [[s17A]] CTO made (previously part II patient)
| Six months beginning with the day on which the CTO was made; once during subsequent six-month period; once during each annual period thereafter
| -
| s66(1)(ca), s66(2)(ca) (first six months); s66(1)(fza), s66(1)(fza) (on renewals)

|-
|s17A CTO made (previously part III unrestricted patient where hospital order had been made by court within six months)
|Once between the end of (a) the first six months of the hospital order and (b) the first six months of the CTO; thereafter the same as above
|As for patient
|s66, s69 ...

|-
|s17A CTO made (previously part III unrestricted patient but not in category above)
|Six months beginning with the day on which the CTO was made; once during subsequent six-month period; once during each annual period thereafter
|As for patient
|s66, s69 ....

|-
| s17A CTO revoked
| Six months beginning with the day on which the CTO was revoked [except where hospital order has been made by court in last six months, in which case the right to apply does not apply until after the first six months of the hospital order)
| -
| s66(1)(cb), s66(2)(cb)

|-
| Transferred from guardianship to hospital under [[s19]] 
| As for s3
| -
| s66(1)(e),(2)(e) (first six months). s66(1)(f), (2)(f) (subsequently)

|-
| Renewal report made under [[s20]] and patient not discharged under [[s23]]
| The period for which the detention or guardianship is renewed (see relevant section)
| -
| s66(1)(f), s66(2)(f)

|-
| [[s37]] hospital order
| See below under s69
| See below under s69
| s66(1)(f) and s69

|-
| CTO renewal report made under [[s20A]] and patient not discharged under [[s23]]
| The period for which the CTO is renewed (six months for the first renewal, 12 months for subsequent renewals)
| -
| s66(1)(fza), s66(1)(fza)

|-
| A report is furnished under [[s21B]](2) and subs(5) (or subs (5) and and (6)(b)) apply. This relates to AWOL patients who are taken into custody or return after more than 28 days.
| The period for which the detention or guardianship is renewed (see relevant section)
| -
| s66(1)(fa), s66(2)(f)

|-
| A report is furnished under s21B(2) in respect of a community patient and subs (6A) (or subs (6A) and (6B)(b)) apply.  This relates to community patients who are taken into custody or return after more than 28 days.
| The period for which the CTO is renewed
| -
| s66(1)(faa), s66(1)(fza)

|-
| Barring order under [[s25]] (for s3 or CTO patients only)
| -
| Within 28 days of being informed that the report has been furnished
| s66(1)(g), (2)(d)

|-
| NR displaced under [[s29]] under grounds (3)(c) or (3)(d) (where patient becomes liable to be detained, Part II guardianship, or who is a community patient)
| -
| In each 12-month period following date of order
| s66(1)(h), (2)(g)

|-
!colspan="4"|s69: Applications to tribunals concerning patients subject to hospital and guardianship orders

|-
| [[s37]] hospital order - or a community patient who was subject to a hospital order immediately before the CTO. (This applies to any order having the same effect as a hospital order)
| No application during first six-month period; once during subsequent six-month period; once during each annual period thereafter
| As for patient
| [[s66]](1)(f), (2)(f) (patient). [[s69]](1)(a) (which gives the NR the same rights as the patient). [[s55]](4) (which extends the meaning of s69(1)).

|-
| [[s37]] guardianship order
| As for s3
| Once in each 12-month period
| s69(1)(b) (first 6 months for patient, and yearly for NR); s66(1)(f),(2)(f) (patient can apply upon each renewal); 

|- 
| Treated as subject to hospital order: 
*[[notional s37]] after restrictions expire ([[s41]](5)); 
*on removal from other British Isles jurisdictions under [[s80B]](2), [[s82]](2), [[s85]](2)
| During first six months (unlike normal hospital orders); during second six months; during each 12-month period thereafter (i.e. the same as s3)
| As for patient
| [[s69]](2) (first six-month period), s69(1)(a) (giving NR same powers as patient). [[s55]](4) (which extends the meaning of s69(1)).

|-
| Under direction having same effect as hospital order: 
*under [[s47]](3), i.e. [[s47]] transfer direction (notional s37) and [[s47/49]] transfer/restriction direction, 
*under [[s48]](3), i.e. [[s48/49]] transfer of unsentenced prisoner
| As above
| As above
| [[s69]](2)(b) (first six-month period), [[s70]] (subsequently, for restricted patients). [[s66]](1)(f), (2)(f) (subsequently, for s47). [[s55]](4) (which extends the meaning of s69(1)).

|-
!colspan="4"|s70: Applications to tribunals concerning restricted patients

|-
| [[s37/41]] restricted hospital order
| As for s37
| -
| [[s70]]

|-
!colspan="4"|s75: Applications and references concerning conditionally discharged restricted patients

|- 
| [[Conditional discharge|Conditionally discharged]] patient who has not been recalled
| No application during first year after discharge; once during second year; once in each subsequent 2-year period
| -
| [[s75]](2)

|- 
| Conditionally discharged patient who has been recalled
| As for s37 but the dates run from the date of ''recall'' (or return to hospital, if later) so no longer from the original date of ''admission''. In addition, the Home Secretary refers the case to the MHRT within the first month following return.
| -
| [[s75]](1)

|-
!colspan="4"|Miscellaneous

|-
| [[s35]] remand for report, [[s36]] remand for treatment, [[s38]] interim hospital order
| No right of application
| -
| N/A


|}

==Notes==
This is in addition, where relevant, to the right to make periodic applications to the [[hospital managers]] and the right of the [[nearest relative]] to 'order' discharge under [[s23]]. NR's require High Court permission to apply to the Tribunal where the patient is a ward of court ([[s33]](2)). The [[Responsible Clinician]] (in unrestricted cases) and [[Ministry of Justice]] (restricted cases) can discharge at any time.

It is also in addition to the various powers and duties to make [[Mandatory and discretionary references]].

A change in status between the application and the hearing date can affect whether or not the application remains in force. For example, changing from s2 to s3 does not affect the validity of a Tribunal application ([[R (M) v South Thames MHRT (1997) EWHC Admin 797]]), or between s3 and CTO -  whereas a change from [[s47/49]] to [[s47]] does ([[R (MN) v MHRT (2008) CO/5741/2007]]).

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==See also==
{{reference|22}}

==External link==
[http://www.dh.gov.uk/prod_consum_dh/groups/dh_digitalassets/@dh/@en/@ps/documents/digitalasset/dh_119193.pdf DH: Applications to the First-tier Tribunal (Mental Health)] - 2/9/10 - gateway reference 14763 - Summary of when and by whom applications may be made to the First-tier Tribunal

[[Category:Routes to discharge]]