Form T128

Published date21 March 2018
Subject MatterMental Health Tribunal forms and guidance

Options for your Tribunal Referral Hearing

Community Patients

Dear Patient

Your case has been referred to the First-tier Mental Health Tribunal because the law says that, every so often, the tribunal should check whether you need to stay on your Community Treatment Order (CTO).

You may find it helpful to discuss your choices with a solicitor, advocate or other representative before filling in the reply slip.

This leaflet explains the choices that you now have about the handling of your case. Although the form may be completed by your representative, only you may make the decision about what option to choose.

You can choose:

A) to attend the hearing on your own or with a legal representative;

B) not to attend the hearing but ask your legal representative to go on your behalf;

C) to neither attend the hearing, nor ask your legal representative to go. In this case the tribunal can decide your case by reading all the reports, without holding a hearing.

If you do not fill out the form and tell us what you want, then a hearing will be arranged.

You do not have to attend a hearing if you do not want to. The tribunal cannot order that you be detained in hospital again, it can only order that the CTO continue, or that it be brought to an end. If you want your CTO to end, you should attend a hearing.

Whether or not you want to attend a hearing, you or your legal representative will still have a chance to see the reports. If you want to write a letter or send any documents to the tribunal you may do so and these will be fully considered. Remember that, even if you choose not to attend a hearing, the tribunal can still decide that there should be a hearing. If so, you will be consulted about the arrangements and given a chance to attend.

When you have decided how you want the tribunal to deal with your case, please complete the form overleaf and return that part in the envelope supplied (no stamp...

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