GN Law - Our People News and TV

Can a S2 patient still have a tribunal after 14 days?

Our People - GN
31 July, 2014

As is well known, a patient detained under the section 2 of the Mental Health Act can only make an application for a First-tier Tribunal (Mental Health) during the first 14 days of their detention.

If the patient misses the deadline, they can no longer apply to the Tribunals Service for a hearing themselves.

However, there are provisions under section 67 of the Act for the Secretary of State for Health to refer patients to the Tribunal.

Requests for referral by the Secretary of State for Health are most commonly made in cases where:

–         a patient detained under section 2 misses the 14 day deadline for applying to the Tribunal through no fault of their own and there is still time for a hearing to be arranged before the section 2 is due to expire;

–         a patient’s detention under section 2 has been extended pending the resolution of proceedings under section 29 to displace their nearest relative. 

We regularly invite the Secretary of State to make such references in section 2 cases where we feel able to argue that the matter falls within the above criteria. We are successful in the majority of cases and the client has their tribunal hearing.

Share on facebook
Share on twitter

Related Articles

A Paralegal in the Mental Health Department I joined GN Law in February 2022 to work as a Paralegal in the Mental Health Department of the Finchley office. I did not come from a Mental Health background as my previous job dealt mostly with immigration law and administrative law. Nonetheless, I feel very confident that...
Our People - GN
If you have been detained in hospital, or ‘sectioned’ as it is also known, under the Mental Health Act 1983 you may have a 'Nearest Relative'. This article will explore what the Nearest Relative is, who they are and what powers they have in relation to your care and treatment.
Our People - Kathleen Bennet
Anna Johnson considers the Supreme Court decision in Re JB regarding capacity to consent to sexual activity.
Our People - Anna Johnson
GN Law

Send a message

We will only use the information you enter in this form to contact you about your enquiry and will not share it with anyone else. Please read our Privacy Notice.