Tribunal Procedure Committee, 'Minutes' (6/6/18)

2018-06-06 TPC Minutes.pdf

Minutes of 6/6/18 meeting, including discussions about proposed rule changes (relating to pre-hearing examinations and paper hearings) and litigation friends.


3. HSW Sub-group

Mental Health Tribunal (MHT) Proposals for Reform

3.1 The TPC public consultation was due to end on the 14 June 2018. To date, the TPC Secretariat has received 64 replies to this consultation.

3.2 PR advised the attendees that the Secretariat had received a second Freedom of Information (FOI) request regarding the recent TPC consultation for procedural reform to the MHT.

3.3 CM thanked the MoJ Policy attendees for the update paper that had been circulated to the HSWSG and TPC detailing parliamentary interest in the TPC consultation on changes to the Mental Health Tribunal and a summary of the 3 parliamentary questions received to date.

3.4 CM said that the HSWSG would convene a meeting during July to consider the replies after the TPC consultation closed on the 14 June.

3.5 MoJ Policy asked CM whether she would be prepared to meet with the Mental Health Act Review Team evaluating the Mental Health Act 1983 to discuss the TPC consultation. CM said that she was willing to attend a meeting with the review team as they were considering the existing powers and procedures of MHTs and that the objectives of the TPC consultation overlapped with the purpose of the review, i.e., how the legislation is used and how practice can improve in the MHT.


6. Litigation Friends

6.1 The TPC Secretary said that following the workshop held on the 25 April he had been working to produce process maps for: the definition of a ‘Litigation Friend’, the potential role of the Official Solicitor in proceedings, pressure points, financial considerations and the role of legal professionals.

6.2 The TPC Secretary said he anticipated that the exercise to finalise the process maps should be completed by September and that he would at that time produce a submission to the Minister with recommendations. PR asked the TPC Secreatary to provide a further progress update at the TPC September meeting.

AP/35/18: To provide an update for the Litigation Friends topic for the TPC September meeting. –TPC Secretary