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England and Wales · Mental Health Tribunal

When is the deadline for secretary of state's statement in a recall reference - two weeks?

The selected ordinary outer limit for secretary of state is 14 days from actual receipt of documents provided under rule 32(7). Send the prescribed information and any observations to the tribunal.

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Period
14 days
Trigger
Actual receipt of documents provided under rule 32(7)
Rule
Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 r32(7A)(a)-(7B); r12
Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 r32(7A)(a)-(7B); 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 secretary of state's statement in a recall reference - two weeks?

The selected ordinary outer limit for secretary of state is 14 days from actual receipt of documents provided under rule 32(7). Send the prescribed information and any observations to the tribunal.

Responsible actor. Secretary of State.

Actual receipt of documents provided under rule 32(7)

Send the prescribed information and any observations to the tribunal

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 r32(7A)(a)-(7B); r12

How does this provision count time?

  1. Exclude the actual rule trigger day. Apply the stated calendar period and rule12 completion treatment separately.
  2. The ordinary rule period ends by 5 PM under HESC rule 12, with next-working-day carry only where that rule lawfully applies. As-soon-as-practicable duties remain additional.

Exclude the actual rule trigger day. Apply the stated calendar period and rule12 completion treatment separately.

The ordinary rule period ends by 5 PM under HESC rule 12, with next-working-day carry only where that rule lawfully applies. As-soon-as-practicable duties remain additional.

Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 r32(7A)(a)-(7B); r12

What do independently checked examples show?

Fictitious example

Fictional actual receipt of documents provided under rule 32(7) 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 receipt of documents provided under rule 32(7) 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.October 27, 2026 by 5 PM Europe/London. Independent instant 2026-10-27T17:00:00Z.
Example 2. Closed-day boundaryFictional actual receipt of documents provided under rule 32(7) 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.January4,2027 is a Scotland-only bank holiday. The retained rule definition does not expressly settle this geographic completion branch. The original independently derived England-calendar date remains unchanged.
Example 3. Material procedural branchThe actual event is stated, but this material condition fails. Actual receipt of the rule 32(7) documents is established, not the recall date. 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 4. Closed-day boundaryFictional actual receipt of the rule32(7) documents on December17,2026. Fourteen calendar days after that event independently end on December31,2026, an ordinary working day. Python standard-library date arithmetic, corresponding-month construction and separately retained official England/Wales holidays. No Deadline Engine import or caller.December 31, 2026 by 5 PM Europe/London. Independent instant 2026-12-31T17:00:00Z.
Example resultOctober 27, 2026 by 5 PM Europe/London. Independent instant 2026-10-27T17:00:00Z.

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
These are section 75(1) recall-reference proceedings.
Source branch condition6
Actual receipt of the rule 32(7) documents is established, not the recall date.
Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 r32(7A)(a)-(7B); 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. Notice of the time and place of the hearing concerns first-tier tribunal, actual hearing date and give parties and relevant notified persons the ordinary minimum hearing notice.

What must the responsible actor complete?

Questions about this procedure

When is the deadline for secretary of state's statement in a recall reference - two weeks?

Who acts for secretary of state's statement in a recall reference - two weeks?

The relevant actor is secretary of state. The source act is to send the prescribed information and any observations to the tribunal.

Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 r32(7A)(a)-(7B); r12

Which actual event starts the 14 days branch?

Use actual receipt of documents provided under rule 32(7). Establish that event from the actual admission, order, notification or retained tribunal document specified by r32(7A)(a)-(7B); r12.

Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 r32(7A)(a)-(7B); r12

How is the secretary of state's statement in a recall reference - two weeks period counted?

Exclude the actual rule trigger day. Apply the stated calendar period and rule12 completion treatment separately. This is the branch under r32(7A)(a)-(7B); r12.

Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 r32(7A)(a)-(7B); r12

What facts qualify this secretary of state 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. These are section 75(1) recall-reference proceedings. Actual receipt of the rule 32(7) documents is established, not the recall date.

Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 r32(7A)(a)-(7B); r12

Can a closed day change the secretary of state's statement in a recall reference - two weeks boundary?

The ordinary rule period ends by 5 PM under HESC rule 12, with next-working-day carry only where that rule lawfully applies. As-soon-as-practicable duties remain additional.

Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 r32(7A)(a)-(7B); r12

Does secretary of state's statement in a recall reference - two weeks also determine the next procedural step?

No. Send the prescribed information and any observations to the tribunal 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 r32(7A)(a)-(7B); 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 r32(7A)(a)-(7B); 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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