31. This Part applies only to mental health cases.
32.—(1) An application or reference must be—
(a) made in writing;
(b) signed (in the case of an application, by the applicant or any person authorised by the applicant to do so); and
(c) sent or delivered to the Tribunal so that it is received within the time specified in the Mental Health Act 1983 or the Repatriation of Prisoners Act 1984.
(2) An application must, if possible, include—
(a) the name and address of the patient;
(b) if the application is made by the patient’s nearest relative, the name, address and relationship to the patient of the patient’s nearest relative;
(c) the provision under which the patient is detained, liable to be detained, subject to guardianship, a community patient or subject to after-care under supervision;
(d) whether the person making the application has appointed a representative or intends to do so, and the name and address of any representative appointed;
(e) the name and address of the responsible authority in relation to the patient.
(3) Subject to rule 14(2) (withholding evidence likely to cause harm), when the Tribunal receives a document from any party it must send a copy of that document to each other party.
(4) If the patient is a conditionally discharged patient (as defined in the Mental Health Act 1983) the Secretary of State must send or deliver a statement containing the information and documents required by the relevant practice direction to the Tribunal so that it is received by the Tribunal as soon as practicable and in any event within 6 weeks after the Secretary of State received a copy of the application or a request from the Tribunal.
(5) In proceedings under section 66(1)(a) of the Mental Health Act 1983 (application for admission for assessment), on the earlier of receipt of the copy of the application or a request from the Tribunal, the responsible authority must send or deliver to the Tribunal—
(a) the application for admission;
(b) the medical recommendations on which the application is founded;
(c) such of the information specified in the relevant practice direction as is within the knowledge of the responsible authority and can reasonably be provided in the time available; and
(d) such of the documents specified in the relevant practice direction as can reasonably be provided in the time available.
(6) If paragraph (4) or (5) does not apply, the responsible authority must send or deliver a statement containing the information and documents required by the relevant practice direction to the Tribunal so that it is received by the Tribunal as soon as practicable and in any event within 3 weeks after the responsible authority received a copy of the application or reference.
(7) If the patient is a restricted patient the responsible authority must also send the statement under paragraph (6) to the Secretary of State, and the Secretary of State must send a statement of any further relevant information to the Tribunal as soon as practicable and in any event—
(a) in proceedings under section 75(1) of the Mental Health Act 1983, within 2 weeks after the Secretary of State received the relevant authority’s statement; or
(b) otherwise, within 3 weeks after the Secretary of State received the relevant authority’s statement.
(8) If the Secretary of State wishes to seek the approval of the Tribunal under section 86(3) of the Mental Health Act 1983, the Secretary of State must refer the patient’s case to the Tribunal and the provisions of these Rules applicable to references under that Act apply to the proceedings.
33. When the Tribunal receives the information required by rule 32(4), (5) or (6) (procedure in mental health cases) the Tribunal must give notice of the proceedings—
(a) where the patient is subject to the guardianship of a private guardian, to the guardian;
(b) where there is an extant order of the Court of Protection, to that court;
(c) subject to a patient with capacity to do so requesting otherwise, where any person other than the applicant is named by the authority as exercising the functions of the nearest relative, to that person;
(d) where a health authority, Primary Care Trust, National Health Service trust or NHS foundation trust has a right to discharge the patient under the provisions of section 23(3) of the Mental Health Act 1983, to that authority or trust; and
(e) to any other person who, in the opinion of the Tribunal, should have an opportunity of being heard.
34.—(1) Before a hearing to consider the disposal of a mental health case, an appropriate member of the Tribunal must, so far as practicable—
(a) examine the patient; and
(b) take such other steps as that member considers necessary to form an opinion of the patient’s mental condition.
(2) For the purposes of paragraph (1) that member may—
(a) examine the patient in private;
(b) examine records relating to the detention or treatment of the patient and any after-care services;
(c) take notes and copies of records for use in connection with the proceedings.
35.—(1) The Tribunal must not dispose of proceedings without a hearing.
(2) This rule does not apply to a decision under Part 5.
36.—(1) Subject to rule 38(4) (exclusion of a person from a hearing), each party to proceedings is entitled to attend a hearing.
(2) Any person notified of the proceedings under rule 33 (notice of proceedings to interested persons) may—
(a) attend and take part in a hearing to such extent as the Tribunal considers proper; or
(b) provide written submissions to the Tribunal.
37.—(1) In proceedings under section 66(1)(a) of the Mental Health Act 1983 the hearing of the case must start within 7 days after the date on which the Tribunal received the application notice.
(2) In proceedings under section 75(1) of that Act, the hearing of the case must start at least 5 weeks but no more than 8 weeks after the date on which the Tribunal received the reference.
(3) The Tribunal must give reasonable notice of the time and place of the hearing (including any adjourned or postponed hearing), and any changes to the time and place of the hearing, to—
(a) each party entitled to attend a hearing; and
(b) any person who has been notified of the proceedings under rule 33 (notice of proceedings to interested persons).
(4) The period of notice under paragraph (3) must be at least 14 days, except that—
(a) in proceedings under section 66(1)(a) of the Mental Health Act 1983 the period must be at least 3 working days; and
(b) the Tribunal may give shorter notice—
(i) with the parties’ consent; or
(ii) in urgent or exceptional circumstances.
38.—(1) 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.
(2) If a hearing is held in public, the Tribunal may give a direction that part of the hearing is to be held in private.
(3) 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.
(4) The Tribunal may give a direction excluding from any hearing, or part of it—
(a) any person whose conduct the Tribunal considers is disrupting or is likely to disrupt the hearing;
(b) any person whose presence the Tribunal considers is likely to prevent another person from giving evidence or making submissions freely;
(c) any person who the Tribunal considers should be excluded in order to give effect to a direction under rule 14(2) (withholding information likely to cause harm); or
(d) any person where the purpose of the hearing would be defeated by the attendance of that person.
(5) The Tribunal may give a direction excluding a witness from a hearing until that witness gives evidence.
39.—(1) Subject to paragraph (2), if a party fails to attend a hearing the Tribunal may proceed with the hearing if the Tribunal—
(a) is satisfied that the party has been notified of the hearing or that reasonable steps have been taken to notify the party of the hearing; and
(b) considers that it is in the interests of justice to proceed with the hearing.
(2) The Tribunal may not proceed with a hearing in the absence of the patient unless—
(a) the requirements of rule 34 (medical examination of the patient) have been satisfied; and
(b) the Tribunal is satisfied that—
(i) the patient has decided not to attend the hearing; or
(ii) the patient is unable to attend the hearing for reasons of ill health.
40. The Tribunal may pay allowances in respect of travelling expenses, subsistence and loss of earnings to—
(a) any person who attends a hearing as an applicant or a witness;
(b) a patient who attends a hearing otherwise than as the applicant or a witness; and
(c) any person (other than a legal representative) who attends as the representative of an applicant.
41.—(1) The Tribunal may give a decision orally at a hearing.
(2) Subject to rule 14(2) (withholding information likely to cause harm), the Tribunal must provide to each party as soon as reasonably practicable after making a decision which finally disposes of all issues in the proceedings (except a decision under Part 5)—
(a) a decision notice stating the Tribunal’s decision;
(b) written reasons for the decision; and
(c) notification of any right of appeal against the decision and the time within which, and the manner in which, such right of appeal may be exercised.
(3) The documents and information referred to in paragraph (2) must—
(a) in proceedings under section 66(1)(a) of the Mental Health Act 1983, be provided at the hearing or sent within 3 working days after the hearing; and
(b) in other cases, be provided at the hearing or sent within 7 days after the hearing.
(4) The Tribunal may provide written reasons for any decision to which paragraph (2) does not apply.
42. For the purposes of this Part and Parts 1, 2 and 5, a decision with recommendations under section 72(3)(a) or (3A)(a) of the Mental Health Act 1983(20) or a deferred direction for conditional discharge under section 73(7) of that Act is a decision which disposes of the proceedings.
1983 c.20. Section 72(3A) was inserted by section 1(2) to, and paragraph 10(1) and (2) of Schedule 1 to, the Mental Health (Patients in the Community) Act 1995 (c.52), and is substituted by section 32(4) of, and paragraphs 1 and 21(1) and (4) of Schedule 3 to, the Mental Health Act 2007 (c.12). Back [20]