Form 45 - Notice of Appeal Pursuant to Section 19 of The Mental Health Act 2001

What this form is for

• • Use this form when you want to appeal a decision made under Section 19 of the Mental Health Act 2001
• • Use it specifically for appeals related to involuntary psychiatric detention or treatment orders
• • Use it if you disagree with a decision made by a psychiatrist or mental health tribunal
• • Use it within 21 days of receiving notice of the decision
• • Use it whether you are the patient, a family member, or a legal representative

Use this form or another form?

Deadline or filing window

Appeals must be submitted within 21 days of receiving notice of the decision under Section 19, and this deadline is strictly enforced with no extensions typically available.

Before you submit

• • Form is fully completed with all sections answered
• • All personal details are accurate and up-to-date
• • The specific Section 19 decision being appealed is clearly identified
• • Grounds for appeal are clearly stated and specific
• • Form is signed and dated
• • A copy has been kept for personal records
• • The correct submission address has been used
• • The submission is made well before the 21-day deadline

How to file this form

1. 1Obtain a copy of Form 45 from the Courts Service website or relevant office
2. 2Complete all sections with accurate information about the appeal
3. 3Clearly state the decision being appealed and your grounds for appeal
4. 4Sign and date the completed form
5. 5Submit to the Mental Health Tribunal or appropriate court office before the deadline
6. 6Keep a copy of the submitted form for your records
7. 7Consider seeking legal advice before filing

Known limitations

• • This form only applies to appeals under Section 19 of the Mental Health Act 2001
• • It does not replace the need for legal representation in complex cases
• • The form itself does not guarantee the appeal will be successful
• • The appeal process may not immediately affect current treatment or detention
• • The form must be properly completed to be accepted by the tribunal