England and Wales · Mental Health Tribunal
When is the deadline for restricted patient detained in hospital - application to the tribunal?
Restricted patient detained in hospital uses the initial 6-to-12-months window. Patient applies after the initial six-month exclusion and before the first 12-month period expires. No automatic weekend or bank-holiday extension is inferred for the statutory window. The appropriate tribunal must actually receive the application within the permitted period.
- Period
- 6 through 12 months. Both boundaries are required.
- Trigger
- Actual relevant hospital order, hospital direction or transfer direction
- Rule
- Mental Health Act 1983 s.70(a)-(b); s.77
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 restricted patient detained in hospital - application to the tribunal?
Restricted patient detained in hospital uses the initial 6-to-12-months window. Patient applies after the initial six-month exclusion and before the first 12-month period expires. No automatic weekend or bank-holiday extension is inferred for the statutory window. The appropriate tribunal must actually receive the application within the permitted period.
Responsible actor. Restricted patient detained in hospital.
Actual relevant hospital order, hospital direction or transfer direction
Patient applies after the initial six-month exclusion and before the first 12-month period expires
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.
Mental Health Act 1983 s.70(a)-(b); s.77How does this provision count time?
- Show both the opening and closing boundary of this first statutory window. The event begins the underlying period.
- No automatic weekend or bank-holiday extension is inferred for the statutory window. The appropriate tribunal must actually receive the application within the permitted period.
Show both the opening and closing boundary of this first statutory window. The event begins the underlying period.
No automatic weekend or bank-holiday extension is inferred for the statutory window. The appropriate tribunal must actually receive the application within the permitted period.
Mental Health Act 1983 s.70(a)-(b); s.77What do independently checked examples show?
Fictitious example
Fictional actual relevant hospital order, hospital direction or transfer direction on Tuesday, October 13, 2026. Every listed branch condition is explicitly assumed. The retained operative regime remains unchanged for this fictional event.
| Step | What is counted | Date |
|---|---|---|
| Example 1. Ordinary established facts | Fictional actual relevant hospital order, hospital direction or transfer direction 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. | April 13, 2027 through October 12, 2027. Initial statutory application window. |
| Example 2. Closed-day boundary | Fictional actual relevant hospital order, hospital direction or transfer direction 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. | June 18, 2027 through December 17, 2027. Initial statutory application window. |
| Example 3. Material procedural branch | The actual event is stated, but this material condition fails. The exact relevant order or direction date is 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. |
Fictitious established facts. These examples do not establish eligibility, effective service, relief or a direction.
Try these dates in the calculatorWhich 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
- The patient is a restricted patient detained in hospital.
- Source branch condition4
- This selects the initial statutory window, not a later 12-month cycle.
- Source branch condition5
- The exact relevant order or direction date is established.
- 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.
- Secretary of State's reference within one month of recall to hospital concerns secretary of state, actual return to hospital following recall from conditional discharge and refer the case within one month of the return day. Conditionally discharged patient NOT subject to deprivation of liberty conditions - application concerns conditionally discharged restricted patient, most recent cessation of deprivation-of-liberty conditions, or original conditional discharge if there were no such conditions and apply during the initial 12-to-24-month window. Conditionally discharged patient SUBJECT TO deprivation of liberty conditions - application concerns conditionally discharged restricted patient, most recent actual imposition of deprivation-of-liberty conditions and apply during the initial six-to-12-month window.
What must the responsible actor complete?
Questions about this procedure
When is the deadline for restricted patient detained in hospital - application to the tribunal?
Who acts for restricted patient detained in hospital - application to the tribunal?
The relevant actor is restricted patient detained in hospital. The source act is to patient applies after the initial six-month exclusion and before the first 12-month period expires. This application right does not require the patient or appellant to exercise it.
Mental Health Act 1983 s.70(a)-(b); s.77Which actual event starts the 12 months branch?
Use actual relevant hospital order, hospital direction or transfer direction. Establish that event from the actual admission, order, notification or retained tribunal document specified by s.70(a)-(b); s.77.
Mental Health Act 1983 s.70(a)-(b); s.77How is the restricted patient detained in hospital - application to the tribunal period counted?
Show both the opening and closing boundary of this first statutory window. The event begins the underlying period. This is the branch under s.70(a)-(b); s.77.
Mental Health Act 1983 s.70(a)-(b); s.77What facts qualify this restricted patient detained in hospital branch?
The patient is a restricted patient detained in hospital. This selects the initial statutory window, not a later 12-month cycle. The exact relevant order or direction date is established.
Mental Health Act 1983 s.70(a)-(b); s.77Can a closed day change the restricted patient detained in hospital - application to the tribunal boundary?
No automatic weekend or bank-holiday extension is inferred for the statutory window. The appropriate tribunal must actually receive the application within the permitted period.
Mental Health Act 1983 s.70(a)-(b); s.77Does restricted patient detained in hospital - application to the tribunal also determine the next procedural step?
No. Patient applies after the initial six-month exclusion and before the first 12-month period expires is the selected act. An application, reference, hearing notice, decision and later appeal each have their own actual event and conditions.
Mental Health Act 1983 s.70(a)-(b); s.77Official sources and review
Provisions used (3)
| Provision | Purpose |
|---|---|
| Mental Health Act 1983 s.70(a)-(b); s.77 | Check the identified procedure, event, counting rule or qualification |
| Mental Health Act 1983 section77. Statutory time restrictions and appropriate tribunal | Check the identified procedure, event, counting rule or qualification |
| HESC Rules 2008 rule32(1). England application or reference must actually be received | Check the identified procedure, event, counting rule or qualification |