Mental Health Tribunal UK: Forms & How to Apply

At a glance

• What it is: The First-tier Tribunal (Mental Health) reviews detention, guardianship, and community treatment orders under the Mental Health Act 1983 and can order discharge if the legal criteria are no longer met.
• Who can apply: The patient, someone applying on the patient's behalf (e.g. a legal representative), or the patient's 'nearest relative' under section 26 of the Act — the nearest relative can apply without the patient's permission.
• Section 2 (assessment): apply within the first 14 days of detention.
• Section 3 (treatment): apply anytime in the first 6 months; then once in the second 6-month period; then once every 12 months.
• Section 37 (court order) and restricted patients under sections 37/41: apply between 6 and 12 months from the date of the order, then once every 12 months.
• Conditionally discharged restricted patients: timing depends on whether the conditions deprive the patient of liberty — check GOV.UK for the exact window.
• The main form: Form T110 (application to the First-tier Tribunal (Mental Health)); different forms apply for referrals (T111), guardianship (T116), and nearest relative information (T117).
• Legal aid: non-means-tested for Tribunal representation, so income and savings do not affect eligibility.

What the Tribunal is and what it does

The First-tier Tribunal (Mental Health) is an independent judicial body, separate from the NHS, the hospital, and the Ministry of Justice. It hears applications from patients who are detained ('sectioned'), on a community treatment order, or subject to guardianship under the Mental Health Act 1983, and it decides whether the legal criteria for continuing that detention, order, or guardianship are still met.

You can apply to the Tribunal if you are detained as a patient in a psychiatric hospital and want to be discharged. You can also apply if you want to change a community treatment order, a guardianship order, a conditional discharge to an absolute discharge, or the conditions attached to a conditional discharge, according to GOV.UK's overview of the Tribunal.

A Tribunal panel typically includes a legally qualified judge, a medical member (usually a psychiatrist), and a specialist lay member with experience of mental health services. The Tribunal follows the Mental Health Act 1983 (as amended by the Mental Health Act 2007), the Human Rights Act 1998 where relevant, and the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008, as confirmed on GOV.UK's legislation page for the Tribunal.

This guide covers England. Mental Health Review Tribunals in Wales and Mental Health Tribunals in Scotland operate under different rules — GOV.UK links to both from its overview page.

Who can apply, and who must be told

The patient

You can apply for yourself. You can also ask someone to apply on your behalf, provided they are not themselves a patient detained in a psychiatric hospital — for example, a legal representative or a family member.

The nearest relative

Your 'nearest relative' — a specific legal status defined by section 26 of the Mental Health Act 1983, not simply your closest family member by choice — can make an application to the Tribunal without your permission. Section 26 sets out a hierarchy (for example, spouse or civil partner, then children, then parents, in descending order, with the elder or eldest preferred within the same category), and certain people are excluded from being treated as the nearest relative in specific circumstances, such as if they are not ordinarily resident in the UK. GOV.UK publishes a dedicated information sheet, Form T117: information for nearest relatives, explaining the nearest relative's role in Tribunal proceedings.

When hospital managers or the Secretary of State must refer the case automatically

If a patient does not apply within the time limits below, hospital managers must in many cases refer the patient's case to the Tribunal automatically. According to GOV.UK's guidance on applications and referrals, this duty applies to, among others: a patient detained for assessment under section 2, a non-restricted patient detained for treatment, a community patient, and a patient whose community treatment order is revoked under section 17F. Referral is generally required at the end of 6 months from the 'applicable day' (broadly, the date of admission or transfer), and again if more than 3 years have passed since the case was last considered by a Tribunal (or 12 months for patients under 18).

Time limits for applying, by section

The window for applying to the Tribunal depends entirely on how, and under which section, the patient is detained. Missing the window generally means waiting for the next eligibility period, though automatic referral by hospital managers (see above) provides a safety net in many cases. The following is drawn directly from GOV.UK's "when you can apply" guidance:

| Detention type | When you can apply | |---|---| | Section 2 — detained for assessment | Within the first 14 days of detention. | | Section 3 — detained for treatment | Any time in the first 6 months. If detained longer than 6 months: once in the second 6-month period, then once in every following 12-month period. | | Section 37 — detained by a court order | Between 6 and 12 months from the date of the court's order. After that, once in every 12-month period. | | Sections 37 and 41 — restricted patient (hospital order with restriction) | Between 6 and 12 months from the date of the hospital order. After that, once in every 12-month period. | | Restricted patient — conditionally discharged, conditions deprive the patient of liberty | Once between 6 and 12 months after discharge. After that, once every 2 years. | | Restricted patient — conditionally discharged, conditions do not deprive the patient of liberty | 12 months after discharge, then once every 2 years. | | Any other basis for detention | Check with your responsible clinician or legal representative — the position varies and is not summarised in a single table on GOV.UK. |

If you are unsure how you are detained, GOV.UK suggests asking your responsible clinician (a doctor, nurse, psychologist or other medical professional with responsibility for your case) or your legal representative, if you have one.

How to apply: the form and what to include

Applications are made using Form T110: application to the First-tier Tribunal (Mental Health). According to GOV.UK's guidance on applying, the form should include:

• what you are applying for (for example, discharge if detained for assessment or treatment)
• the patient's first name, surname and date of birth
• full details of the care coordinator and hospital
• the date of the section or order
• contact details for the nearest relative, if there is one
• the legal representative's details, if there is one
• whether an interpreter is needed
• a preference for an in-person or video hearing, though HM Courts and Tribunals Service cannot always accommodate the preference

The completed form is sent by post or email to HM Courts and Tribunals Service — the current postal address and email (mhtenquiries@justice.gov.uk) are published on the GOV.UK application page; always use the address shown there, since HMCTS addresses do change. A small number of other, more specific forms exist for different situations, including Form T111 for referrals and Form T116 for guardianship applications — the full, current list is maintained by HM Courts and Tribunals Service on the Mental Health Tribunal forms and guidance collection. Always check that collection for the current version of any form before submitting, as forms are periodically updated.

The hospital's Mental Health Act administrator can usually help identify the right form and the correct address for submission.

Legal representation and legal aid

Legal aid to cover representation at the Tribunal is non-means-tested — GOV.UK confirms that once you have made your application, you can apply for legal aid to cover the cost of legal help, regardless of income or savings. You can:

• use the checklegalaid.service.gov.uk directory to find a legal adviser near you
• ask the hospital's Mental Health Act administrator for their list of specialist legal representatives
• ask the Tribunal itself to find a legal representative for you when you apply

GOV.UK also signposts advice from mental health charities, including Mind and Rethink, for patients who want to understand their rights before or alongside making an application.

Preparing for the hearing

Before the hearing, the Tribunal will typically have received written reports — for example from the responsible clinician, a nurse, and a social worker or care coordinator, depending on the type of case (in-patient, community patient, or guardianship). The patient or their representative should read these in advance, note anything they disagree with, and prepare any questions or evidence they want the panel to consider.

Hearings are usually held at the hospital or by video, and you can indicate a preference for either format on the application form. The panel hears from the clinical team and the patient's representative, asks questions, and typically gives its decision on the day, with full written reasons usually provided within 7 days, according to GOV.UK's guidance on the tribunal's decision.

Hearings are normally held in private to protect patient confidentiality, with only the patient, their representative, the clinical team, relevant witnesses, and the panel present.

What the Tribunal can and cannot do

Depending on the type of case, GOV.UK confirms the Tribunal can:

• order discharge, either immediately or from a future date
• recommend transfer to a different hospital
• recommend the patient be considered for a community treatment order
• recommend periods of leave from hospital, to help assess readiness for life in the community
• recommend a return to prison, for a prisoner who was transferred to hospital for treatment

For restricted patients, the Tribunal can order a conditional or absolute discharge, subject to the specific statutory tests that apply to restricted cases.

What the Tribunal cannot do: GOV.UK is explicit that the Tribunal cannot change a patient's treatment — for example, it cannot direct a change of medication. It also cannot be used simply to complain about how the hearing was run; complaints about tribunal staff or process go through HM Courts and Tribunals Service's separate complaints procedure, not the Tribunal's decision-making itself.

If the decision goes against you: appeals and further applications

If the Tribunal does not order discharge, there are two distinct routes, and it matters which one applies to your situation:

1. Ask the Tribunal to set aside (cancel) the decision. This is available within 28 days of getting the written decision, where there has been a procedural mistake — for example, the patient was not told about the hearing and so did not attend. If the decision is set aside, a new hearing may follow.
2. Apply for permission to appeal to the Upper Tribunal, using Form P10. This route only succeeds on a genuine legal error — for example, the Tribunal applied the wrong law, failed to follow the correct procedure, or reached a decision unsupported by the evidence. Disagreeing with the outcome on the facts is not, by itself, a ground of appeal.

If neither route applies, most patients detained under a civil section can make a fresh application once the next eligibility period opens (see the time-limit table above), allowing the case to be reconsidered as circumstances change.

Common mistakes to avoid

• Applying under the wrong section's time limit. The 14-day window for section 2 patients is easy to miss if nobody confirms which section applies at the outset — ask the responsible clinician or a legal representative to confirm this on day one.
• Assuming "nearest relative" means whoever you would choose. It is a defined legal status under section 26 of the Act, with its own hierarchy and exclusions — do not assume a partner, sibling, or close friend automatically qualifies without checking.
• Using an out-of-date form. HMCTS updates Tribunal forms periodically (Form T110 was last updated in February 2026 at the time of writing) — always download the current version from the GOV.UK forms collection rather than reusing a saved copy.
• Waiting to seek legal advice because of cost concerns. Because Tribunal legal aid is non-means-tested, cost should not delay contacting a legal representative — early representation gives more time to prepare evidence and identify issues with the clinical reports.
• Treating a Tribunal recommendation as binding. Recommendations (for example, about leave or transfer) are not the same as an order of discharge and are not automatically enforceable in the way a discharge order is.

Next steps

1. Confirm the section and the applicable time limit with the responsible clinician, the hospital's Mental Health Act administrator, or a legal representative.
2. Identify who is applying — the patient, a representative, or the nearest relative — and gather the contact details Form T110 requires.
3. Download the current form from the GOV.UK Mental Health Tribunal forms collection and complete it in full.
4. Apply for legal aid as soon as the application is made — it is non-means-tested, so there is no financial barrier to getting representation.
5. Read the clinical, nursing, and social circumstances reports as soon as they are available, and note anything you or the patient disagrees with, ready to raise at the hearing.

This guide provides general information about the First-tier Tribunal (Mental Health) in England. It is not legal advice and is not a substitute for advice tailored to your specific circumstances or those of the patient concerned. The law and guidance described were accurate as at July 2026 and are subject to change — always check GOV.UK and legislation.gov.uk for the current position, and confirm the current version of any form before submitting it.

Last reviewed: July 2026 · Next review due: July 2027 or on legislative change.