Holly.gif
Open justice | Let us know if you have a tribunal decision you would like to publish (see Re A)
Email updates | CPD scheme

Online forum | Latest topic on forum: SOAD assessments by telephone | News

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 If an application is withdrawn it is treated as never having been made (s77(2)) so the patient can re-apply within the same eligibility period.

Section/event Application by patient Application by NR Authority
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s17A CTO revoked Six months beginning with the day on which the CTO was revoked [except where hospital order has been made by court in last six months, in which case the right to apply does not apply until after the first six months of the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)
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)).
s70: Applications to tribunals concerning restricted patients
s37/41 restricted hospital order As for s37 - s70
s75: Applications and references concerning conditionally discharged restricted patients
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)
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).


See also

External link

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

INFORMATION



What links here:


Retrieved from "https://www.mentalhealthlaw.co.uk/index.php?title=Eligibility_periods&oldid=62887"