The New Mental Health Act: A guide to the appeals process - information for service users and their carers

The New Mental Health Act: A guide to the appeals process - information for service users and their carers


3 What is an appeal?

If you are made subject to compulsory measures under the Act you have rights to ask the Tribunal to end or change the compulsory measures. In most circumstances your named person also has rights to appeal to the Tribunal on your behalf.

You should think about whether you would like a lawyer to assist you with this appeal. Your MHO can help provide you with a list of lawyers to help you contact a lawyer if you do not already have one.

You or your named person or your lawyer should tell the Tribunal that you want to appeal against your order. This appeal must be made in writing to the Tribunal who will need some details about you. Your appeal should include:

  • your name and address
  • your named person's name and address
  • if you are in hospital the name and address of the hospital
  • if you have to stay at a specified place, detailed in your order, the address of that specified place
  • a brief summary for the reason for your appeal.

The Tribunal will arrange a hearing which you and your named person will be invited to attend. Your RMO and MHO and anyone else with an interest in your case will also be invited to attend.

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