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England and Wales · Mental Health Tribunal

When is the deadline for secretary of state's reference for a conditionally discharged patient subject to deprivation of liberty conditions?

Secretary of State must refer on expiry of the initial 12 months period. The final period day and ensuing referral-duty onset remain distinct. No actual reference or disposal is inferred.

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Period
Reference duty on expiry of the initial 12 months, distinct from the preceding last period day.
Trigger
Most recent actual imposition of deprivation-of-liberty conditions
Rule
Mental Health Act 1983 s.75(2C)-(2D), (2F)-(2H)
Mental Health Act 1983 s.75(2C)-(2D), (2F)-(2H)

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 secretary of state's reference for a conditionally discharged patient subject to deprivation of liberty conditions?

Secretary of State must refer on expiry of the initial 12 months period. The final period day and ensuing referral-duty onset remain distinct. No actual reference or disposal is inferred.

Responsible actor. Secretary of State.

Most recent actual imposition of deprivation-of-liberty conditions

Refer on expiry of the initial 12-month period unless the case was considered during that period

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.75(2C)-(2D), (2F)-(2H)

How does this provision count time?

  1. This identifies when the reference duty arises on expiry. It does not identify the earlier final day of an application window.
  2. The final period day and ensuing referral-duty onset remain distinct. No actual reference or disposal is inferred.

This identifies when the reference duty arises on expiry. It does not identify the earlier final day of an application window.

The final period day and ensuing referral-duty onset remain distinct. No actual reference or disposal is inferred.

Mental Health Act 1983 s.75(2C)-(2D), (2F)-(2H)

What do independently checked examples show?

Fictitious example

Fictional most recent actual imposition of deprivation-of-liberty conditions 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 most recent actual imposition of deprivation-of-liberty conditions 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.Wednesday, October 13, 2027
Example 2. Closed-day boundaryFictional most recent actual imposition of deprivation-of-liberty conditions 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.Saturday, December 18, 2027
Example 3. Material procedural branchThe actual event is stated, but this material condition fails. This selects only the initial 12-month cycle after an event on or after February 18, 2026. 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 resultWednesday, October 13, 2027

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
The patient remains subject to deprivation-of-liberty conditions and has not been recalled.
Source branch condition4
There was no tribunal consideration during the initial period.
Source branch condition5
No subsection (2F) order varies this period.
Source branch condition6
This selects only the initial 12-month cycle after an event on or after February 18, 2026.
Mental Health Act 1983 s.75(2C)-(2D), (2F)-(2H)
  • 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.
  • Restricted patient detained in hospital - application to the tribunal concerns restricted patient detained in hospital, actual relevant hospital order, hospital direction or transfer direction and patient applies after the initial six-month exclusion and before the first 12-month period expires. 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.

What must the responsible actor complete?

Questions about this procedure

When is the deadline for secretary of state's reference for a conditionally discharged patient subject to deprivation of liberty conditions?

Who acts for secretary of state's reference for a conditionally discharged patient subject to deprivation of liberty conditions?

The relevant actor is secretary of state. The source act is to refer on expiry of the initial 12-month period unless the case was considered during that period.

Mental Health Act 1983 s.75(2C)-(2D), (2F)-(2H)

Which actual event starts the 12 months branch?

Use most recent actual imposition of deprivation-of-liberty conditions. Establish that event from the actual admission, order, notification or retained tribunal document specified by s.75(2C)-(2D), (2F)-(2H).

Mental Health Act 1983 s.75(2C)-(2D), (2F)-(2H)

How is the secretary of state's reference for a conditionally discharged patient subject to deprivation of liberty conditions period counted?

This identifies when the reference duty arises on expiry. It does not identify the earlier final day of an application window. This is the branch under s.75(2C)-(2D), (2F)-(2H).

Mental Health Act 1983 s.75(2C)-(2D), (2F)-(2H)

What facts qualify this secretary of state branch?

The patient remains subject to deprivation-of-liberty conditions and has not been recalled. There was no tribunal consideration during the initial period. No subsection (2F) order varies this period. This selects only the initial 12-month cycle after an event on or after February 18, 2026.

Mental Health Act 1983 s.75(2C)-(2D), (2F)-(2H)

Can a closed day change the secretary of state's reference for a conditionally discharged patient subject to deprivation of liberty conditions boundary?

The final period day and ensuing referral-duty onset remain distinct. No actual reference or disposal is inferred.

Mental Health Act 1983 s.75(2C)-(2D), (2F)-(2H)

Does secretary of state's reference for a conditionally discharged patient subject to deprivation of liberty conditions also determine the next procedural step?

No. Refer on expiry of the initial 12-month period unless the case was considered during that period 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.75(2C)-(2D), (2F)-(2H)

Official sources and review

Provisions used (4)
Provisions used in this guide
ProvisionPurpose
Mental Health Act 1983 s.75(2C)-(2D), (2F)-(2H)Check the identified procedure, event, counting rule or qualification
Mental Health Act 1983 section77. Statutory time restrictions and appropriate tribunalCheck the identified procedure, event, counting rule or qualification
HESC Rules 2008 rule32(1). England application or reference must actually be receivedCheck the identified procedure, event, counting rule or qualification
Mental Health Act 2025 sections30(2),32 and56(1). Operative February 18,2026 DOL amendmentsCheck the identified procedure, event, counting rule or qualification
Read the official controlling provision

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