Tribunals, Courts and Enforcement Act 2007
Changes to the Mental Health Review Tribunal from 3 November 2008
The Tribunals, Courts and Enforcement Act 2007 contains provisions for a new judicial and legal framework to complement the common administrative arrangements of the Tribunals Service.
The Act allows for the creation of two new tribunals, the First-tier Tribunal and the Upper Tribunal, into which most existing tribunal jurisdictions will be transferred.
Each tribunal will consist of a judge and other members presided over by a Senior President of Tribunals. It is intended that the Upper Tribunal will primarily, but not exclusively, review and decide appeals, arising from the First-tier Tribunal.
The TCE Act 2007 provides for the establishment of “chambers” within the two tribunals so that jurisdictions can be transferred into the tribunals and grouped together appropriately. It is intended that the current jurisdiction of the MHRT will sit within a Health Education and Social Care chamber (HESC) as of Monday 3 November 2008.
Therefore, it is intended that the MHRT England will no longer exist from this date as its functions will have been subsumed by the new First-tier Tribunal. This transition should have few implications for patients or for hospitals or local social services authorities. The Tribunals Service will continue to provide the secretariat, and hearings will remain largely as they are now.
Further details of the proposed new arrangements can be downloaded here.
The consultation on the rules for the HESC Chamber of the First–tier Tribunal is currently out to consultation. The intention is that the Rules will, in general, allow current procedures to be maintained. The consultation can be found here.