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Health, Education and Social Care Chamber of the First–tier tribunal

The Health, Education and Social Care (HESC) Chamber of the First–tier Tribunal holds the jurisdictions of Care Standards, Mental Health, Primary Health Lists and Special Educational Needs and Disability.

Care Standards

This HESC Chamber considers appeals from people who have received a decision issued by organisations concerned with children and vulnerable adults, and those which regulate the provision of social, personal and health care.

Someone can appeal to the Chamber if they have:

Mental Health

The HESC Chamber hears applications and references for people detained under the Mental Health Act 1983; it covers all of England. Hearings review the cases of detained patients and direct the discharge of any patients where the statutory criteria for discharge is satisfied. In some cases, the Chamber also has the discretion to discharge patients who do not meet the statutory criteria. These cases usually involve making a balanced judgment on a number of serious issues such as:

The Chamber has no discretion to discharge ‘restricted patients’. Hearings are normally conducted in private and take place in the hospital or community unit where the patient is detained.

The principal powers of the Chamber in respect of Mental Health Review are to:

The Chamber may reconvene and rehear a case if there is failure to comply with their recommendations.

Primary Health Lists

This HESC Chamber considers appeals from General Practitioners, dentists, optometrists and some pharmacists who have been removed from or are not permitted to join the performers lists of Primary Care Trusts and so are not allowed to provide NHS services in that area.

Special Educational Needs and Disability

Parents whose children have special educational needs can appeal to the HESC Chamber against decisions made by Local Education Authorities (LEAs) in England about their children's education.

A parent can appeal to the Chamber if the LEA:

If the LEA has made a statement, or has changed a previous statement, a parent can appeal against:

A parent can also appeal if the LEA: