GovWire

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You can apply to the First-tier Tribunal (Mental Health) if youre detained as a patient in a psychiatric hospital (sectioned) and you want to be discharged.

You can also apply to the tribunal if you want to change:

• a community treatment order
• a guardianship order
• a conditional discharge to an absolute discharge
• the conditions placed on a conditional discharge

The tribunal is independent of the government and will listen to both sides of the argument before making a decision.

Who can apply

You can apply for yourself.

You can also ask someone to apply for you, so long as theyre not a patient in a psychiatric hospital. For example, this could be a legal representative or a family member.

Your nearest relative can make an application without your permission.

When you can apply

When you can apply depends on how you were detained, such as if youre a restricted patient (you were given a restriction order by the Crown Court or you were transferred from prison with a restriction direction).

If youre unsure about how you were detained, ask your:

• responsible clinician (this could be a doctor, a nurse, a psychologist or another medical professional)
• legal representative, if you have one

If you do not apply, you may still be referred to the tribunal automatically.

If youve been detained for assessment (section 2)

You can apply within the first 14 days of being detained.

If youve been detained for treatment (section 3)

You can apply anytime within the first 6 months that youre detained.

If youre detained for longer than 6 months, you can apply once in the second 6 month period, then once in every 12 month period.

If you do not apply, youll be referred to the tribunal automatically in the second 6 months that youre detained. Youll be referred again after 3 years (if youre an adult) or after 12 months (if youre a child or adolescent).

If youve been detained by a court order (section 37)

You can apply between 6 and 12 months from the date of the order made by the court. After that, you can apply once in every 12 month period.

If youre a restricted patient detained under section 37 and section 41

You can apply between 6 and 12 months from the date of the hospital order made by the court. After that, you can apply once in every 12 month period.

If youre a restricted patient who has been conditionally discharged

You can apply 12 months after you were conditionally discharged. After that, you can apply once in every 2 year period.

If youve been detained for any other reason

Ask your responsible clinician or legal representative about when you can apply.

Help you can get

If youve made the application, you can apply for legal aid to cover the costs of any legal help you get.

You can:

• find a legal advisor near you
• ask the Mental Health Act administrator at the hospital to give you their list of specialist legal representatives
• ask the tribunal to find a legal representative for you when you apply

You can also get advice from:

• the charity Mind
• the charity Rethink
• the charity Young Minds