Revision as of 15:40, 9 August 2017 by Jonathan
On 3/11/08 the Tribunal systems in both England and Wales changed, but in different ways. In England, the Mental Health Review Tribunals were abolished and became part of the Health Education and Social Care chamber of the First Tier Tribunal. In Wales, the Tribunal remained the Mental Health Review Tribunal for Wales.
|England - First-tier Tribunal||Wales - MHRT for Wales|
|Rules and Practice Directions/Guidance
Observation guidance This guidance has been superseded by Mental Health Tribunal, 'Guidance for the observation of tribunal hearings in the First-tier Tribunal Health Education and Social Care Chamber (mental health jurisdiction)' (10/1/19). It deals with the various categories of observers and the terms on which they may be permitted to attend tribunal hearings.
GUIDANCE FOR THE OBSERVATION OF TRIBUNAL HEARINGS
The purpose of this guidance is to set down the terms and conditions for the observation of tribunal hearings, which are usually held in private, and for the appropriate handling of confidential reports and other documentary evidence.
The Tribunal Procedure Rules 2008
1. Rule 38(1) provides that all hearings must be held in private unless the tribunal considers that it is in the interests of justice for the hearing to be held in public. Rule 14(7) also provides that, unless the tribunal gives a direction to the contrary, information about mental health cases and the names of any persons concerned in such cases must not be made public. Where a hearing, or part of it, is to be held in private, the tribunal may determine who is permitted to attend the hearing or part of it (Rule 38(3)).
2. Except in relation to judge or member induction or training, appraisals, or observations by the Administrative Justice and Tribunals Council (AJTC), the strong presumption in all cases is in favour of privacy and confidentiality, and individual tribunals should not exercise powers to hold proceedings in public, or disclose any information about mental health cases to others outside the jurisdiction (including to judges in other jurisdictions), without first consulting the Deputy Chamber President or, in his absence, the Principal Salaried Judge. Additionally, save as above, the views of the patient and/or the patient’s representative must be sought before any disclosure of relevant confidential information takes place, and any objections from the patient and/or the patient’s representative must be respected.
Categories of observers
Judge or Member Induction or Training
3. Following appointment as a judge or member of the tribunal, it is a term and condition of a person’s appointment that, unless they have adequate relevant previous experience, they should observe a number of tribunal hearings as part of their induction or training before they are entitled to sit. These observations have to be facilitated and, subject to the tribunal judge and the booking and listing team being made aware in advance, the following guidelines apply:-
|Rules and Practice Direction
Appeals go to the English Upper Tribunal.
|England & Wales|
The Upper Tribunal (Administrative Appeal Chamber) replaces judicial review in relation to Tribunal decisions.
First-tier and Upper Tribunals
Legal Action articles (reproduced by kind permission)
|Until 3/11/08, the Mental Health Review Tribunal Rules 1983 apply to the MHRT in both England and Wales.|
|Other external links|
The following is an automatically-generated list of the pages in Category:Tribunal legislation:
- Mental Health Review Tribunal Rules 1983 — N.B. From 3/11/08 these rules will no longer apply. See Tribunal Rules for details.
- Mental Health Review Tribunal (Amendment) Rules 1996 — SI 1996/314 amends the following MHRT Rules: r2, r3, r6, r7, r8, r9, r10, r11, r19, r23, MHRT Rules sch 1 part A, and MHRT Rules sch 1 part B.
- Health and Social Care (Community Health and Standards) Act 2003 (Supplementary and Consequential Provision) (NHS Foundation Trusts) Order 2004 — SI 2004/696 amends r2, r7, r8 of the MHRT Rules 1983.
- Mental Health Review Tribunal (Amendment) Rules 1998 — SI 1998/1189 amends r7, r25 and r29 of the MHRT Rules 1983.
- Lord Chancellor (Transfer of Functions and Supplementary Provisions) Order 2006 — SI 2006/680 amends MHRT Rules r8.
- Transfer of Tribunal Functions Order 2008 — This order, which came into force on 3/11/08, made under the Tribunals, Courts and Enforcement Act 2007, amongst other things, creates the First-tier Tribunal and the Upper Tribunal.
- Tribunals, Courts and Enforcement Act 2007 — This Act amends the Tribunals system. See also: Tribunal Rules.
- Mental Health Review Tribunal for Wales Rules 2008 — These new rules for the Mental Health Review Tribunal for Wales came into force on 3/11/08.
- First-tier Tribunal and Upper Tribunal (Chambers) Order 2008 — This order, which came into force on 3/11/08, made under the Tribunals, Courts and Enforcement Act 2007 organises and sets out the functions of the various new Tribunal chambers.
- Tribunal Procedure (Upper Tribunal) Rules 2008 — These are the rules for the new Upper Tribunal, which come into force on 3/11/08. The amendments made by the Tribunal Procedure (Amendment) Rules 2009, with effect from 1/4/09 are reflected in the text below; further amendments have since been made.
- Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 — These are the rules for the new Health, Education and Social Care Chamber which came into force on 3/11/08. This page was last updated on 16/8/15.
- Discipline of Judges (Designation) Order 2008 — This order makes certain people subject to the disciplinary provisions of the Constitutional Reform Act 2005.
- Practice Direction: Health Education and Social Care Chamber: Mental Health Cases — This is the first practice direction, and relates to the contents of reports required for mental health cases. It applies in England to cases started on or after 3/11/08. It supersedes the schedule to the old rules which contained similar requirements - one major change is that a nursing report is now required - and from 6/4/12 is superseded by Practice Direction: First-tier Tribunal Health Education and Social Care Chamber: Statements and Reports in Mental Health Cases.
- Appeals from the Upper Tribunal to the Court of Appeal Order 2008 — This Order, which came into force on 3/11/08, states that permission to appeal to the Court of Appeal shall not be granted unless the Upper Tribunal (or, where the Upper Tribunal refuses permission, the relevant appellate court) considers that (a) the proposed appeal would raise some important point of principle or practice; or (b) there is some other compelling reason for the relevant appellate court to hear the appeal.
- First-tier Tribunal and Upper Tribunal (Composition of Tribunal) Order 2008 — This order, which came into force on 3/11/08, makes provision as to the number and type of members on a Tribunal panel, and provides for majority or unanimous decisions.
- Tribunal Procedure (Amendment) Rules 2009 — Various amendments to the Tribunal Procedure (Upper Tribunal) Rules 2008 (and other Rules). In force 1/4/09.
- Practice Direction: Child, Vulnerable Adult and Sensitive Witnesses — This practice direction defines the three relevant categories of witnesses, then gives details of the circumstances under which they may give evidence, and the manner in which evidence is given. It applies both to the First-tier and Upper Tribunals, and is dated 30/10/08.
- Tribunal Procedure (Amendment) Rules 2010/43 — Amends Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 by changing the definition of "legal representative". In force 18/1/10.
- Practice Direction (Upper Tribunal: Judicial Review Jurisdiction)  1 WLR 327 — This Practice Direction sets out the JR jurisdiction of the Upper Tribunal.
- Tribunal Procedure (Amendment) Rules 2011/651 — These Rules amend the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 so that Tribunal applications can be made by email with a typed signature rather than requiring a handwritten signature. In force 1/4/11.
- Tribunal Procedure (Amendment No. 3) Rules 2010/2653 — These rules make amendments to the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 which are not relevant to mental health cases. In force 29/11/10.
- Tribunal Procedure (Amendment) Rules 2012 — By amending Tribunal Rules 32 and 35, these rules: (1) add 'date of birth' to the items which an application must, if possible, include; (2) remove a reference to after-care under supervision; (3) prescribe information which a reference must, if possible, include; (4) amend the rules for reports following recall of s37/41 patients (rather than the Secretary of State being required to submit reports within 6 weeks, he must immediately provide details of the RC and social supervisor who are then given 3 weeks to provide reports); (5) amend the rules for section 2 cases (the responsible authority must now provide the documents specified in the Practice Direction, rather than that which 'can reasonably be provided in the time available'); (6) clarify the wording in relation to other cases (explicitly stating that if the responsible authority made the reference then the 3 weeks runs from the date of the reference); (7) prescribe the information ..→
- Practice Direction: First-tier Tribunal Health Education and Social Care Chamber: Statements and Reports in Mental Health Cases — This Practice Direction relates to the contents of reports required for mental health cases. In force 28/10/13 (superseding previous versions).
- Tribunal Procedure (Amendment) Rules 2014/514 — Extract from Explanatory Note: "Rules 17 to 20 amend rules 32, 34, 37 and 39 of the HESC Rules. The amendments relate to the examination by the Tribunal of patients and their medical records and to the circumstances in which the Tribunal may proceed with the hearing of the appeal in the absence of the patient." In force 6/4/14.
- Tribunal Procedure (Amendment No. 3) Rules 2014/2128 — These rules amend the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008, from 1/9/14, in ways which are not directly relevant to mental health cases.
- Mental Health Tribunal - England