First-tier and Upper Tribunal proceedings
First-tier and Upper Tribunal proceedings

The following Private Client guidance note provides comprehensive and up to date legal information covering:

  • First-tier and Upper Tribunal proceedings
  • Proceedings before the 'new' First-tier Tribunal
  • Proceedings before the Upper Tribunal

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.

Proceedings before the 'new' First-tier Tribunal

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 jurisdiction of the First-tier Tribunal

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