An application for review of a CCO or CTO, where no review has previously been held, asks the Tribunal to hear the matter sooner than the required twenty eight days. The Tribunal must hear the matter within twenty one days of receipt of the application.
If a review has previously been held and the order was confirmed by the Tribunal the receipt of an application asks the Tribunal to have another look at the matter. An application can be lodged at any time during the time the order is in place. The Tribunal need not however conduct another hearing unless there has been a considerable change in the patients circumstances since the last hearing. That is, if nothing has changed the Tribunal does not have to conduct the review. There is no right to a review simply because the Tribunal did not agree with the viewpoint that the patient put.
A review of an ATA must be conducted within seven days of the receipt of an application.
No. Section 52(5)(b) of the Mental Health Act 1996 provides that the Tribunal may decline to carry out a review if the application does not indicate a material change in circumstances of the case since the last review.
Further, Section 54(2) states that the Tribunal must hear the request for review within 21 days of receipt of the application, unless another review hearing is scheduled within the next 35 days.
