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England and Wales · Mental Health Tribunal

When is the deadline for notice of the time and place of the hearing?

The selected ordinary outer limit for first-tier tribunal is 21 days from actual hearing date. Give parties and relevant notified persons the ordinary minimum hearing notice.

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Period
21 days
Trigger
Actual hearing date
Rule
Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 r37(3)-(4); r12
Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 r37(3)-(4); r12

Retained official current Act and tribunal rules acquired October 9,2026, with explicit operative-regime confirmation at the actual event. The2025 Act section30(2) changes apply from February 18,2026. Prospective changes are not substituted.

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When is the deadline for notice of the time and place of the hearing?

The selected ordinary outer limit for first-tier tribunal is 21 days from actual hearing date. Give parties and relevant notified persons the ordinary minimum hearing notice.

Responsible actor. First-tier Tribunal.

Actual hearing date

Give parties and relevant notified persons the ordinary minimum hearing notice

Establish this exact ordinary England tribunal branch and every actual source condition. A statutory window boundary does not prove actual application receipt or a listed hearing.

Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 r37(3)-(4); r12

How does this provision count time?

  1. Count back from the actual hearing and preserve the whole minimum interval. A later completion date cannot shorten required notice.
  2. The ordinary minimum is 21 calendar days. Section 66(1)(a) proceedings instead require at least three working days. Consent, urgency or exceptional circumstances permit a shorter actual notice.

Count back from the actual hearing and preserve the whole minimum interval. A later completion date cannot shorten required notice.

The ordinary minimum is 21 calendar days. Section 66(1)(a) proceedings instead require at least three working days. Consent, urgency or exceptional circumstances permit a shorter actual notice.

Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 r37(3)-(4); r12

What do independently checked examples show?

Fictitious example

Fictional actual hearing date on Tuesday, October 13, 2026. Every listed branch condition is explicitly assumed. The retained operative regime remains unchanged for this fictional event.

Example counting steps
StepWhat is countedDate
Example 1. Ordinary established factsFictional actual hearing date on Tuesday, October 13, 2026. Every listed branch condition is explicitly assumed. The retained operative regime remains unchanged for this fictional event. Python standard-library date arithmetic, corresponding-month construction and separately retained official England/Wales holidays. No Deadline Engine import or caller.September 22, 2026 by 5 PM Europe/London. Independent instant 2026-09-22T16:00:00Z.
Example 2. Closed-day boundaryFictional actual hearing date on Friday, December 18, 2026. Every listed branch condition is explicitly assumed. The retained operative regime remains unchanged for this fictional event. Python standard-library date arithmetic, corresponding-month construction and separately retained official England/Wales holidays. No Deadline Engine import or caller.November 27, 2026 by 5 PM Europe/London. Independent instant 2026-11-27T17:00:00Z.
Example 3. Material procedural branchThe actual event is stated, but this material condition fails. The actual hearing date and entitled recipients are established. The selected ordinary branch cannot be established when this source condition fails.The selected ordinary branch cannot be established when this source condition fails.
Example resultSeptember 22, 2026 by 5 PM Europe/London. Independent instant 2026-09-22T16:00:00Z.

Fictitious established facts. These examples do not establish eligibility, effective service, relief or a direction.

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Which conditions and exceptions apply?

Source branch condition1
The actual event and statutory patient or procedural status are established.
Source branch condition2
The operative current provision has not been displaced by a later commencement, applicable order or direction.
Source branch condition3
This is an England First-tier Tribunal mental-health case or its ordinary Upper Tribunal appeal, not a Wales tribunal procedure.
Source branch condition4
No extension, shortening, urgent exception or varied timetable displaces this ordinary rule.
Source branch condition5
This selects the ordinary non-section-66(1)(a) hearing branch.
Source branch condition6
No consent, urgency or exceptional circumstance authorizes shorter notice.
Source branch condition7
The actual hearing date and entitled recipients are established.
Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 r37(3)-(4); r12
  • Establish this exact ordinary England tribunal branch and every actual source condition. A statutory window boundary does not prove actual application receipt or a listed hearing.
  • Responsible authority's statement and reports - three weeks concerns responsible authority, actual making of a reference, or receipt of the application or reference copy and send or deliver the practice-direction documents so the tribunal receives them. Secretary of State's statement in other restricted patient cases - three weeks concerns secretary of state, actual receipt of documents provided under rule 32(7) and send the prescribed information and any observations to the tribunal. Application to set aside a decision disposing of proceedings concerns party seeking procedural set-aside, actual date the tribunal sent notice of the decision to that party and make a written set-aside application received by the tribunal.

What must the responsible actor complete?

Questions about this procedure

When is the deadline for notice of the time and place of the hearing?

Who acts for notice of the time and place of the hearing?

The relevant actor is first-tier tribunal. The source act is to give parties and relevant notified persons the ordinary minimum hearing notice.

Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 r37(3)-(4); r12

Which actual event starts the 21 days branch?

Use actual hearing date. Establish that event from the actual admission, order, notification or retained tribunal document specified by r37(3)-(4); r12.

Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 r37(3)-(4); r12

How is the notice of the time and place of the hearing period counted?

Count back from the actual hearing and preserve the whole minimum interval. A later completion date cannot shorten required notice. This is the branch under r37(3)-(4); r12.

Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 r37(3)-(4); r12

What facts qualify this first-tier tribunal branch?

This is an England First-tier Tribunal mental-health case or its ordinary Upper Tribunal appeal, not a Wales tribunal procedure. No extension, shortening, urgent exception or varied timetable displaces this ordinary rule. This selects the ordinary non-section-66(1)(a) hearing branch. No consent, urgency or exceptional circumstance authorizes shorter notice. The actual hearing date and entitled recipients are established.

Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 r37(3)-(4); r12

Can a closed day change the notice of the time and place of the hearing boundary?

The ordinary minimum is 21 calendar days. Section 66(1)(a) proceedings instead require at least three working days. Consent, urgency or exceptional circumstances permit a shorter actual notice.

Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 r37(3)-(4); r12

Does notice of the time and place of the hearing also determine the next procedural step?

No. Give parties and relevant notified persons the ordinary minimum hearing notice is the selected act. An application, reference, hearing notice, decision and later appeal each have their own actual event and conditions.

Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 r37(3)-(4); r12

Official sources and review

Provisions used (2)
Provisions used in this guide
ProvisionPurpose
Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 r37(3)-(4); r12Check the identified procedure, event, counting rule or qualification
HESC Rules 2008 rules1 and12. Working days and time limitsCheck the identified procedure, event, counting rule or qualification
Read the official controlling provision

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