Life of a tribunal file

Tribunal case reference number

M*/year/number (e.g. MP/2023/12345).

MP = Mental health / patient application
MM = Mental health / MOJ reference
MH = Mental health / Hospital managers reference? SSH reference?

"Rule11 A"

The above referenced patient has either stated that they do not wish to conduct their own case or has stated they wish to be represented and would like a representative to be appointed on their behalf.
The patient, [initials] is based at [hospital], the patient is under [section, e.g. "Section 68(7) CTO Revoked"] and the reference number is [...].
The hearing is due to take place on [date and time].
Can you please confirm if you accept the referral?
If accepting the referral, please confirm the following:
The name of the legal representative who will personally conduct this matter?
That the named legal representative referred to above:

(i) Is a current member of the Law Society's Mental Health Tribunal Accreditation Scheme?

(ii) Will personally represent the patient at their forthcoming Tribunal hearing?

PLEASE NOTE IF SEEKING TO BE APPOINTED, WE CANNOT CONFIRM YOU AS ACTING WITHOUT RECEIVING YOUR ANSWERS TO ALL QUESTIONS IN 1 AND 2 ABOVE.
Please confirm as soon as possible. Please submit your response to: mhtcorrespondence@Justice.gov.uk or contact us on 0300 123 2201.

"Rule 11b request"

Please note that this request has been sent to multiple solicitors due to the urgency, and the appointment will be made to the firm first to respond. [This paragraph usually does not appear.]
The tribunal is contacting yourselves to see if you would be willing to take on this case under rule 11 (7) B.
The patient [initials] lacks capacity and is based at [hospital], the patient is under [section, e.g. "Section 71(2)"] and the reference number is [...].
Please confirm which solicitor will be taking conduct of the case in your confirmation email. We cannot accept confirmation without knowledge of who will have conduct of the case.
The case has been listed for [date and time]. If you agree to take on this case, you must be available on this date and time to attend the hearing.
Please confirm which solicitor will be taking conduct of the case in your confirmation email. We cannot accept confirmation without knowledge of who will have conduct of the case

Initial email about the application

(Text from July 2023.)

Initial letter to patient

Thank you for your application to the Tribunal received on [date]. We will write to you again with details of the Tribunal hearing when all the necessary arrangements have been made.
We have enclosed a copy of our leaflet called “Information for Restricted Patients” which will explain the Tribunal process and answer any questions you may have. Further information can also be found on our website www.justice.gov.uk.

Tribunal hearing date ("Panel booked" email)

Date:
Time:
Venue: [Place, or video hearing room number]
Type: Tribunal Hearing
I am writing to confirm that the members of the Tribunal panel for the Tribunal in respect of the above named patient will be:
Tribunal Judge:
Tribunal Member (Medical):
Tribunal Member:
Appraiser:
Observer:
Interpreter:
The hearing will commence at [time, e.g. 14:15]. Panel members should arrive in good time to complete their pre-hearing discussions and be ready to start the hearing promptly. Panel members are asked to assemble in the hearing room 30 minutes before the start time. All parties (including the patient) and all witnesses must be ready and available 15 minutes prior to the start time to allow time for any preliminary issues arising, so that the hearing itself can commence without any delay.

Letter to responsible authority

(Text from May 2023.)

We have received an application for a Tribunal regarding the above named patient.
A hearing has been arranged as follows:
Date:
Time:
Venue:
If the hearing is being conducted by video and you encounter any technical issues please contact our dedicated CVP technical support team on 0300 808 945. If you are unable to connect via the video room, please dial in using the telephone number provided.
Venue Details [address]
All parties (including the patient) and all witnesses must be ready and available to be called no later than 15 minutes prior to the scheduled start time of the hearing in order to deal with any preliminary issues so that the hearing itself can commence without delay.
In accordance with Rule 32 (5) First-tier Tribunal (Health, Education and Social Care Chamber) and associated practice directions, where a patient is detained under Section 2 of the Act, the Responsible Authority must prepare the required documents as soon as practicable after receipt of a copy of the application or a request from the tribunal. If specified information has to be omitted because it is not available, then this should be mentioned in the statement or report. In the event of a video hearing, these documents must be made available to the Tribunal and the patient’s representative at least 48 hours beforehand.
As specified under Rule 14 (3) any part of the above reports, which in the opinion of the author should be withheld from the patient or applicant, should be submitted separately headed ‘Not to be disclosed’. The author should provide reasons why they consider its disclosure would be likely to cause that person or some other person serious harm. The final decision on the disclosure of information rests with the Tribunal as specified under Rule 14 (5)
You should notify the Tribunal immediately should you consider that there is no entitlement to make an application or if there is a change of circumstance that could impact on the Tribunal Hearing.

"Notice of hearing" letter (to responsible authority and representative)

(Text from May 2023.)

The Tribunal in respect of the above named patient will take place as follows:
Date:
Time:
Venue: Video Hearing- TBC
Type: Tribunal Hearing

The Tribunal will write to you again no later than 3 working days prior to the scheduled date to provide you with all the necessary information to enable you to join the hearing. Please do not chase this information before 3 days ahead of the hearing date.
We will write to you prior to the hearing to provide information regarding the panel members.

Face-to-face hearing refused

(Example of decision, text from Nov 2023.)

Details of Application
1. An application for the hearing of this case to be a “face-to-face” hearing. [Footnote: A “face-to-face” hearing is a hearing with all participants physically present together in the hearing room.]
Decision
2. Refused
Reasons
3. There is no tribunal available to conduct a “face-to-face” hearing at the above-mentioned hospital on the date that has been scheduled for the hearing to take place.
4. The patient’s legal representatives are at liberty to make a fully reasoned application for the hearing of this case to be postponed, to enable the hearing to proceed as a “face-to-face” hearing rather than as a remote hearing. Any such application will need to explain why the overriding objective of the rules would be served by a postponement.

Confirmation of discharge

(Text from July 2023.)

We are writing to advise you that we have received notification from the Responsible Authority / Hospital that the patient has been discharged on – [date].
Our file has been closed and no further action will be taken in this matter.

Preamble to tribunal decision

From form "19. RPP CD Section 75" July 2023:

In accordance with Rule 14(7) of the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 (as amended) and s.12 of the Administration of Justice Act 1960, information about these proceedings and the names of any persons concerned in the case must not be made public unless the tribunal directs otherwise.
By Rule 2(4) parties must help the tribunal to deal with the case fairly and justly and must co-operate with the tribunal generally.
Publication of information about the proceedings without such consent may amount to a contempt of court, punishable by a fine or imprisonment.