Legal Update 02/12/11
Applications for Tribunals when detained under s.2
It is very important to apply to the Tribunal within the first 14 days of your detention under s.2 of the Mental Health Act 2011 as otherwise you will lose your right to appeal against the s.2.
A recent case involved a late application that was not the patient's fault.
(Modaresi) v SSH (2011) EWHC 417 (Admin)
Here, the Claimant, on the 12th day of detention under s2, gave a Tribunal application to a nurse, who faxed it to the Mental Health Act office at the Hospital, where it went unnoticed that day but was faxed to the Tribunal office 4 days later on Tuesday 4/1/11. On 5/1/11 the Tribunal rejected it as out of time. An application for Judical Review against the Trust was made, but it failed, and so the Claimant was not entitled to a Tribunal hearing. The case then went to the Court of Appeal. At the hearing on the 23/11/11 the Court of Appeal decided, quite sensibly, then if the final day of the 14-day period falls on a day when the Tribunal office is closed, the eligibility period is extended until the next business day. This is good news for individuals who are detained on s.2, especially in the Christmas/New Year period when the MHA Office and the Tribunal office will be closed.