The New Mental Health Act: A guide to the appeals process - information for service users and their carers

5 When can I not appeal to the Tribunal?

You cannot appeal to the Tribunal if you are placed on an emergency detention order.

You cannot appeal to the Tribunal if you are on an interim CTO or interim CO. However, the Tribunal has to hold a hearing to consider the interim order within 28 days of making the order. You will be able to make your views known at that hearing.

If you are on remand and transferred to hospital for assessment or treatment (or convicted but awaiting final disposal of your case) you cannot appeal to the Tribunal as the court is still considering your case.