Separate mattersMental health case:separate mattersMental health caseMental health case:separate mattersMental health caseMental health case:separate mattersMental health case
10.31Each time a client becomes eligible to make an application to the tribunal they enter a ‘period of eligibility’.
1Standard Civil Contract 2014 Specification para 7.57. All work done for a client within a period of eligibility, on both MHT and non-MHT matters, forms one matter start.
2Standard Civil Contract 2014 Specification para 7.20. However, where more than one set of MHT proceedings are running concurrently during a period of eligibility, you can claim separate fees for each set of proceedings.
10.32Where you are advising an informal patient (ie not detained) on a non-MHT matter, and the patient is then sectioned, you can open a separate matter to apply to the tribunal, even if the non-MHT matter continues.
3Standard Civil Contract 2014 Specification para 7.22.10.33When dealing with a detained client, you must start a new matter for each of the following events (where work on a legal issue is required), even if you have an existing ongoing matter:
4Standard Civil Contract 2014 Specification para 7.23.•the client has an entitlement to a further MHT due to passage of time;
•there is a change in section type;
•the client is discharged from section;
•the client withdraws from the MHT, and within the same period of eligibility applies again (however see below at para 10.36).
However, note that communicating the decision of the MHT, advising the client about it and about aftercare is the same matter as the MHT.
5Standard Civil Contract 2014 Specification para 7.24.