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Drilldown: Resources

See also: General information. A summary of the coronavirus resources can be found here: Coronavirus resources.

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Resources > Type : Report or Tribunal guidance & Author: Johnston, Sarah

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Resource Type Sentence Abstract Date
Mental Health Tribunal, 'Direction for disclosure of medical records to legal representatives in all cases for the duration of the Pilot Practice Direction' (25/3/20) Tribunal guidance Coronavirus resource

Automatic disclosure of medical records

Owing to the fact that representatives cannot arrange for patients to sign consent forms, this direction requires the responsible authority: (1) to allow immediate access to the patient's medical and nursing notes upon receipt of the CNL1 form containing the representative's name; (2) to email without delay any notes specified by the representative; and (3) to highlight any information in the notes not to be disclosed to the patient (the representative must not disclose this information without further order of the tribunal).

2020-03-25
Mental Health Tribunal, 'Ensuring patients can access justice' (Sarah Johnston DCP, 22/5/20) Tribunal guidance Coronavirus resource

MHT remote hearings

This article on the Judiciary website explains the adoption of remote hearing procedures by the MHT.

2020-05-22
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, 'Message from the Deputy Chamber President' (2/4/20) Tribunal guidance

MHT coronavirus update

This message includes the following information: (1) the tribunal is prioritising urgent hearings; (2) the administration should only be contacted if necessary; (3) the tribunal cannot currently make directions for reports.

2020-04-02
Mental Health Tribunal, 'Message to the Royal College of Psychiatrists' (Sarah Johnston and Joan Rutherford, 26/3/20) Tribunal guidance Coronavirus resource

Guidance to psychiatrists about remote hearings

(1) This guidance to psychiatrists includes the following: all evidence will be taken before a tribunal judge alone, using phone (BT MeetMe) or video; the doctor giving evidence will released after giving evidence except in all but exceptional cases; the patient will not be given the decision orally. (2) To help the tribunal, clinical teams should: (a) submit s2 reports the day before the hearing (to avoid delays); (b) advise the tribunal judge if the patient will be unable to stay in the room or should give evidence first; (c) tell the tribunal judge whether the patient can remain as a voluntary patient (which is no longer possible in many areas); (d) emphasise any limitations of the evidence (for instance if the patient has recently been moved between "clean" and "dirty" coronavirus wards); (e) focus on the statutory criteria; (f) suggest delayed discharge for follow-up to be arranged; (g) give evidence from a private area. (3) The tribunal are encouraging wing members to return to clinical work, and are looking at formats for shorter reports.

2020-03-26
Mental Health Tribunal, 'Order and directions for listing of community hearings' (6/5/20) Tribunal guidance Coronavirus resource

Community hearings are now being listed

These cases had been postponed on 26/3/20 but now will be listed for hearing because the tribunal "has now achieved a level of administrative support to be able to list cases for community patients". The order and directions set out the duties on patients' representatives and responsible authorities in relation to reports, consideration of paper hearings, agreed hearing dates, and remote hearing practicalities.

2020-05-06
Tribunals Judiciary, 'Guidance from the Chamber President and Deputy Chamber President of HESC regarding the Mental Health jurisdiction' (Coronavirus, 19/3/20) Tribunal guidance Coronavirus resource

MHT coronavirus telecon procedure

The following procedure will apply to hearings from Monday 23/3/20: (1) section 2 and conditional discharge recall hearings will be prioritised; (2) no pre-hearing examinations will take place; (3) new cases will be listed as a telephone conference before a single judge; (4) the judge can seek advice by telephone from that day's allocated medical or lay member, then repeat that advice in the telecon and allow submissions; (5) it is suggested that an unrepresented patient be allowed to speak to the judge without others in the room; (6) it is suggested that the decision is not announced. (See the document for full details.)

2020-03-19

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