Mental Health Tribunal, 'Update on face-to-face pilot' (27/9/22)

Return to face-to-face hearings Updated tribunal forms should be used between 3/10/22 and 6/11/22 inclusive: T110A (s2 applications), T110 (non-s2 applications), T111A (s2 references), T111 (non-s2 references), T116 (guardianship appeals), T128 (CTO attendance), T129 (PHE). The forms will be updated again from 7/11/22 when the pilot expands to include s2 cases.

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Dear Tribunal User,

At the beginning of July the Deputy Chamber President wrote to you with a road map outlining the future of Mental Health Tribunal hearings.

This communication is to confirm the plan and process going forward and to share with you the application and referral forms. The plan is a pilot and will be regularly reviewed with a final review decision in January 2023.

From 3 October 2022 all applications and referrals signed and received on or after that date, except those for section 2, the patient will be asked for a preference, and we will endeavour to accommodate that preference. The options will be “I would like my hearing by video”, “I would like my hearing at the hospital” or “I have no preference which type of hearing I have”. If no preference is selected, the default will be to list to video. From 7 November 2022 all section 2 cases will be included in the pilot and the options will be the same.

Attached is the application and referral forms for you to use for the period of the 3 October to the 6 November. These will also be available from the 3 October at 9am on the GOV.UK website at Apply to the Mental Health Tribunal: Apply to the tribunal - GOV.UK (www.gov.uk). Please stop using the old style forms from the 3 October. From the 7 November the forms will change as they will include section 2 with all options for hearing. These forms will be cascaded to you nearer the time with further guidance.

T110A	Form for Section 2 appeals to be used between 3rd October and 6th November 2022
T110	Form for Section 3, 37, 17, 41, 45, 47, 48, 5 appeals to be used between 3rd October and 6th November 2022
T111A	Form for Section 2 referrals to be used between 3rd October and 6th November 2022
T111	Form for Section 3, 37, 17, 41, 45, 47, 48, 5 referrals to be used between 3rd October and 6th November 2022
T116	Form for Section 7 and 37 guardianship appeals
T128	Updated form attached and can be downloaded from the 3rd October
T129	Updated form attached and can be downloaded from the 3rd October

Questions and Answers you may have about the pilot

1) Can the patient change their mind about the type of hearing?

The patient can change their mind at any point. If they change their mind and its 15 days or more before the date/day of hearing then the administration will change the hearing from video to face to face hearing on the assumption that all parties can accommodate it. Parties will need to notify the Tribunal if they are unable to accommodate the change by completing a CMR1.If the patient changes their mind within 14 days of the day/date of hearing then a CMR1 should be completed and sent to the Tribunal which will be referred to a Judge for a decision.

2) What time will face to face hearings and video hearings commence after the 3 October?

All face-to-face AM and Full day hearings will commence at 10.30 AM and PM hearings will commence at 2:15PM

Video hearings will remain as they are now with half day hearings at 10.30 AM and 2:15 PM and full day hearings at 11AM

3) What if the patient requires a pre hearing examination (PHE) and it’s a face-to-face hearing, does the PHE have to be face to face?

No, it will up to the medical member to decide and arrange prior to the hearing.

4) During the pilot will section 2 cases generally continue to be heard in the morning ?

No during the pilot section 2 hearings will be listed AM or PM, this will be the case for video hearings and from the 7 November for face to face hearings too.

I hope you find this guidance helpful. If you do have any questions at all please email mhtenquiries@justice.gov.uk

Mental Health Tribunal, 'Update on face-to-face pilot' (27/9/22)

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See also