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Resources > Author : Law Society or Mental Health Tribunal

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Resource Type Sentence Abstract Date
Consultation on paper hearings for CTO reference cases Consultation The Tribunal Procedure Committee is consulting on changes to the rules so that the Tribunal may (1) make a decision on a reference under s68 (duty of managers to refer cases to tribunal) without a hearing if the patient is a community patient and has consented to this; and (2) strike out a party's case without a hearing. The purpose is to save money. The rationale given for the first proposal is that community patients are often content with their position and do not want to attend the hearing or medical examination; that if the patient does not attend then full reports often mean there is little point having a hearing; and that hearings place an unnecessary burden on community patients, who are likely to be quite capable of making the necessary decisions and are entitled to IMHAs and Legal Aid. It is anticipated that all community patients would be posted a form inviting them to consent to their case being decided without a hearing. In relation to the second proposal, it is intended that the power would be used when it is obvious that the tribunal lacks jurisdiction. Consultation runs from 1/6/11 to 23/8/11.

Tribunal Procedure Committee consultation page

Tribunal Procedure Committee, 'Consultation on proposed amendments to the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 (SI 2008/2699)' (1/6/11)

Tribunal Procedure Committee, 'Response to consultation on proposed amendments to the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 (SI 2008/2699) (1 June 2011 – 29 August 2011)' (February 2012)

2011-06-01
Consultation on proposed changes to listing procedure Consultation The Tribunals Service are consulting stakeholders on new procedures and forms for the listing of cases.

Consultation details on "MHRT" website - 12/4/10

Mental Health Lawyers Association: Consultation - proposed changes to Tribunal listing procedure - 7/4/10 - Membership required

Summary of Consultation Responses - 30/7/10

2010-04-30
Law Society, 'Coronavirus (COVID-19) advice and updates' (19/3/20) Web page Coronavirus resource Law Society coronavirus guidance This guidance contains information under the headings: (1) Advice for employers; (2) Advice for firm owners, managing partners or senior leaders; (3) Advice for members visiting police stations, prisons or courts; (4) Advice for international firms; (5) Advice for conveyancers; (6) Advice for litigators; (7) Advice for legal aid firms. 2020-03-19
Law Society, 'Mental Health Accreditation: Application and re-accreditation application forms guidance notes and policies' (dated 5/12/18) Web page This document contains updated guidance on the professional development requirements for panel membership. Dated: December 2018. Metadata: created 5/12/18. Downloaded 7/12/18. Filename: mental-health-accreditation-guidance-december-2018.pdf 2018-12-05
Law Society, 'Parliamentary briefing: Mental Capacity (Amendment) Bill: House of Commons second reading' (18/12/18) Document Parliamentary briefing on Mental Capacity (Amendment) Bill Extract from Law Society website: "The Law Society is concerned by provisions in the Mental Capacity (Amendment) Bill. While attempting to simplify the current arrangements under the Deprivation of Liberty Safeguards (DoLS), the Bill removes vital existing safeguards for cared-for people. The Bill should be amended to avoid the unlawful treatment of the vulnerable individuals who receive care and treatment under conditions of detention. Many changes have been made but there is still some way to go. There is a real risk that many of the flaws in the existing system will be duplicated and that the new system will replace one deficient system with another than removes existing safeguards for people. This briefing sets out our key positions on the Bill." 2018-12-18
Medical examination of the patient - consultation Consultation The Tribunal Procedure Committee propose to amend the rules as follows: (a) to make the medical examination discretionary (except in s2 cases, where there is to be no change); (b) to allow any member of the tribunal to view the medical records (rather than just the medical member); (c) to require either a medical examination or a finding that one is unnecessary or not practicable before a tribunal can proceed in the patient's absence.

Consultation:

Response:

  • Tribunal Procedure (Amendment) Rules 2014/514 — Extract from Explanatory Note: "Rules 17 to 20 amend rules 32, 34, 37 and 39 of the HESC Rules. The amendments relate to the examination by the Tribunal of patients and their medical records and to the circumstances in which the Tribunal may proceed with the hearing of the appeal in the absence of the patient." In force 6/4/14.§
2013-06-18
Mental Health Tribunal, 'Guidance for the observation of tribunal hearings in the First-tier Tribunal Health Education and Social Care Chamber (mental health jurisdiction)' (10/1/19) Tribunal guidance Observation guidance This guidance supersedes Mental Health Tribunal, 'Guidance for the observation of tribunal hearings' (5/11/09), the main difference being that it is no longer necessary for observation requests by solicitors, barrister, nurses, doctors, social workers etc to be made in advance to the Deputy Chamber President. 2019-01-10
Mental Health Tribunal, 'Guidance for the observation of tribunal hearings' (5/11/09) Tribunal guidance Observation guidance This guidance has been superseded by Mental Health Tribunal, 'Guidance for the observation of tribunal hearings in the First-tier Tribunal Health Education and Social Care Chamber (mental health jurisdiction)' (10/1/19). It deals with the various categories of observers and the terms on which they may be permitted to attend tribunal hearings. 2009-11-05
Mental Health Tribunal, 'Update on coronavirus situation' (18/3/20) Tribunal guidance Coronavirus resource MHT coronavirus guidance The position set out in this guidance is that: (1) hearings will continue as planned; (2) hearings require all three panel members, but this may change as part of the contingency plan being prepared; (3) requests to give evidence via telephone should be sent to the mhtcorrespondence email address; (4) hearings are being arranged as telephone conferences when hospitals are in lock-down; (5) listing window extension requests should be submitted to mhtcasemanagementrequests, but extended windows may be part of the contingency plan; (6) the tribunal is pushing for greater provision for paper hearings; (7) pre-hearing medical examinations are continuing, subject to the circumstances of each case, but these could cease if all hearings become telephone reviews. Largely superseded by: Tribunals Judiciary, 'Guidance from the Chamber President and Deputy Chamber President of HESC regarding the Mental Health jurisdiction' (Coronavirus, 19/3/20). 2020-03-18
Pilot Practice Direction: Health, Education and Social Care Chamber of the First-Tier Tribunal (Mental Health) (Coronavirus, 19/3/20) Tribunal guidance Coronavirus resource Mental Health Tribunal coronavirus Practice Direction For the pilot period, initially six months: (1) every decision, including those that dispose of proceedings, will be made by a judge alone, unless the CP, DCP or authorised salaried judge appoints two or three people; (2) the tribunal will suggest that CTO reference hearings are dealt with on the papers under rule 35; (3) it will not be "practicable" under rule 34 for any pre-hearing medical examinations to take place during the pandemic (no mention is made of video or telephone conferencing); (4) panels of one of two may seek the advice of one or more non-legal members to assist in decision-making, provided the advice is recoded and disclosed to the parties. 2020-03-19
The Role of IMHAs in Hearings - consultation Consultation Consultation on draft Guidance Note on the role of IMHAs (in their capacity as IMHAs, rather than as representatives) at Tribunal hearings. Consideration is given to (1) attendance at the hearing; (2) seating arrangements; (3) relationship with the legal representative; (4) role in relation to any procedural issues; (5) giving of evidence; (6) asking questions and addressing the panel; (7) right of access to the Tribunal's decision.

Consultation document

Mental Health Lawyers Association, 'MHLA response to the consultation by the Tribunals Service (Mental Health) on the role of IMHAs on MHT hearings', 11/12/10

2010-10-14

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