The following Private Client guidance note provides comprehensive and up to date legal information covering:
The Tribunals, Courts & Enforcement Act 2007 (TCEA 2007) into force on 3rd November 2008 creating the ‘new’ Mental Health Review Tribunals structure of a First-Tier Tribunal and Upper Tribunal and with it two sets of comprehensive procedural rules governing the new structure.
The Upper Tribunal determines all appeals from the First-Tier Tribunal and is intended to provide consistency by a common procedure and specialist appellate Tribunal.
The First-Tier Tribunal determines all challenges to detention under the Mental Health Act 1983 (MeHA 1983) and maintains a structure, procedure and practice which has many similarities to the ‘old’ MHRT.
The modern specialist tribunal system is arranged in ‘chambers’, and the Mental Health First-Tier Tribunal is part of the First-Tier (Health, Education & Social Care) Chamber. It is colloquially known as the ‘HESC (Mental Health)’.
The English jurisdiction is administered by Her Majesty’s Courts and Tribunals Service from Secretariat offices based in Leicester. All Secretariat staff are civil servants and are completely independent of the hospital authorities. The administration is directed by the Chamber President and his senior judicial management team. There is a separate Mental Health Tribunal for Wales, and a separate Mental Health Review Tribunal for Scotland, both of which are administered locally.
The First–tier Tribunal (Mental Health) hears applications and references
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
0330 161 1234