Tribunal Application Frequency — MRCPsych Paper B MCQ

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ModerateMental Health LawTribunal Application FrequencyMRCPsych Paper B

In England, a patient is detained for treatment under section 3 of the Mental Health Act 1983. Assuming they have not withdrawn an earlier application, how many applications may they make to the First-tier Tribunal (Mental Health) during the first six months of detention?

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Correct answer: A — Once

Explanation lettering: B = shown as A · D = shown as B · A = shown as C · E = shown as D · C = shown as E

B is correct. A patient detained under section 3 may apply to the First-tier Tribunal (Mental Health) once during the first six months of detention. If detention continues, they may apply once during the second six-month period and then once in each subsequent 12-month period. Therefore, applications are not unlimited and two or three applications are not ordinarily permitted in the initial period. A relevant exception is that a patient who withdraws an application can reapply within the same period; this is excluded in the stem. A tribunal referral is distinct from a patient application and does not use up the patient’s application entitlement.

Reference: GOV.UK, Apply to the Mental Health Tribunal: Overview, section “If you’ve been detained for treatment (‘section 3’)”, current guidance. https://www.gov.uk/mental-health-tribunal/overview