England and Wales · Mental Health Tribunal
When is the deadline for secretary of state's reference within one month of recall to hospital?
The selected ordinary outer limit for secretary of state is 1 months from actual return to hospital following recall from conditional discharge. Refer the case within one month of the return day.
- Period
- 1 months
- Trigger
- Actual return to hospital following recall from conditional discharge
- Rule
- Mental Health Act 1983 s.75(1)(a)
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.
Free calculator · No account needed
Calculate your deadline
Loading calculator…
What lawyers say
5.0“The platform is really easy to use.”
Michael B.Employment litigation attorney · California
“The Evidence Record saved us time with our insurance on bankruptcy matters.”
MariaBankruptcy and commercial attorney · London, UK
“The most up-to-date service we could find.”
Li ChenArbitration practitioner · Singapore
When is the deadline for secretary of state's reference within one month of recall to hospital?
The selected ordinary outer limit for secretary of state is 1 months from actual return to hospital following recall from conditional discharge. Refer the case within one month of the return day.
Responsible actor. Secretary of State.
Actual return to hospital following recall from conditional discharge
Refer the case within one month of the return day
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(1)(a)How does this provision count time?
- Apply the corresponding calendar-month boundary after the actual return day. A recall decision alone does not establish that day.
- The outer one-month reference limit runs from actual return to hospital, rather than the recall decision or dispatch date. No statutory holiday carry is inferred.
Apply the corresponding calendar-month boundary after the actual return day. A recall decision alone does not establish that day.
The outer one-month reference limit runs from actual return to hospital, rather than the recall decision or dispatch date. No statutory holiday carry is inferred.
Mental Health Act 1983 s.75(1)(a)What do independently checked examples show?
Fictitious example
Fictional actual return to hospital following recall from conditional discharge 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 return to hospital following recall from conditional discharge 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. | Friday, November 13, 2026 |
| Example 2. Closed-day boundary | Fictional actual return to hospital following recall from conditional discharge 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. | Monday, January 18, 2027 |
| Example 3. Material procedural branch | The actual event is stated, but this material condition fails. The actual hospital return 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 restricted patient was conditionally discharged and subsequently recalled.
- Source branch condition4
- The actual hospital return 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.
- 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. 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 secretary of state's reference within one month of recall to hospital?
Who acts for secretary of state's reference within one month of recall to hospital?
The relevant actor is secretary of state. The source act is to refer the case within one month of the return day.
Mental Health Act 1983 s.75(1)(a)Which actual event starts the 1 months branch?
Use actual return to hospital following recall from conditional discharge. Establish that event from the actual admission, order, notification or retained tribunal document specified by s.75(1)(a).
Mental Health Act 1983 s.75(1)(a)How is the secretary of state's reference within one month of recall to hospital period counted?
Apply the corresponding calendar-month boundary after the actual return day. A recall decision alone does not establish that day. This is the branch under s.75(1)(a).
Mental Health Act 1983 s.75(1)(a)What facts qualify this secretary of state branch?
The restricted patient was conditionally discharged and subsequently recalled. The actual hospital return date is established.
Mental Health Act 1983 s.75(1)(a)Can a closed day change the secretary of state's reference within one month of recall to hospital boundary?
The outer one-month reference limit runs from actual return to hospital, rather than the recall decision or dispatch date. No statutory holiday carry is inferred.
Mental Health Act 1983 s.75(1)(a)Does secretary of state's reference within one month of recall to hospital also determine the next procedural step?
No. Refer the case within one month of the return day 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(1)(a)Official sources and review
Provisions used (3)
| Provision | Purpose |
|---|---|
| Mental Health Act 1983 s.75(1)(a) | 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 |