| Display title | TPC, 'Reply to two Consultations on possible amendments to the HESC Rules regarding proposed changes to the way that the FTT decides cases referred pursuant to s68' (1/8/24) |
| Default sort key | TPC, 'Reply to two Consultations on possible amendments to the HESC Rules regarding proposed changes to the way that the FTT decides cases referred pursuant to s68' (1/8/24) |
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| Page ID | 15859 |
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| Page creator | Jonathan (talk | contribs) |
| Date of page creation | 10:35, 21 October 2024 |
| Latest editor | Jonathan (talk | contribs) |
| Date of latest edit | 11:05, 21 October 2024 |
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Article description: (description)
This attribute controls the content of the description and og:description elements. | Tribunal rule 35 will be amended to allow mandatory references made under s68, s71(2) and s75(1) in relation to a patient who is not a community (CTO) patient to be decided without a hearing if: (a) he is legally represented; (b) the representative "has stated in writing that the patient does not wish to attend or be represented at a hearing of the reference"; (c) "the patient’s representative has discussed with the patient the contents of any reports and any other documents provided by the responsible clinician and any social supervisor in respect of the patient and is satisfied that the patient has the capacity to decide whether or not to make that decision"; and (d) "the Tribunal is satisfied that the patient has the capacity to make that decision". The TPC must realise that they are weakening the statutory safeguards as, in addition to commenting that if patients seek discharge "they are unlikely to request a paper hearing, nor would they be advised to", the new procedure will not apply if either the patient's case has not previously been considered by the tribunal or the patient's case was last considered by the tribunal without a hearing. The TPC "does not view the proposed change as being made for financial reasons" but notes that paper hearings will "ensure the panel's time is used efficiently when cases come out at short notice or are adjourned on the day". From a Legal Aid perspective, "remuneration will be significantly reduced if there is no hearing, removing the attraction of a paper review" (same £450 for just agreeing to a paper hearing as for full tribunal preparation, additional £294 for tribunal advocacy). |