Your lawyer will advise you about this. Please ask your team for more information about this. His or her responsibilities also include making sure that the proceedings are conducted fairly, that the legal requirements of the Mental Health Act are properly observed within the rule of law and advise on any questions of law which may arise.
After all the questions have been asked by the panel and your lawyer, he or she will give a summary of your cases to the panel as to why the section should be lifted. Your lawyer will ask the team to say exactly why you have to stay on the section. Most specialist judges are senior or experienced practitioners or therapists with at least 5—7 years standing and will hold a range of experience within the mental health sector.
Who can apply To be eligible to apply candidates must have unconditional registration with the General Medical Council as a fully registered medical practitioner.
Risk to your health Risk to others by something that you might do Risk to your health: It can decide on: Such cases usually involve making a balanced judgement on a number of serious issues such as the freedom of the individual, the protection of the public and the best interests of the patient.
Medical members are generally senior doctors, with at least 7 years experience and are often drawn in from Consultant level. At the end of he presentation of evidence, everyone part from the panel is asked to leave the room.
Candidates must also have held a full-time or part-time appointment as a consultant psychiatrist for at least three years, one of which should normally be within the last five years, and have membership of the Royal College of Psychiatrists at any of the following levels: As and when required, medical members may also be required to examine the patient prior to a hearing.
Do ask your lawyer about this.
In the event that one or two members are not present, the third member can technically open the tribunal and then immediately adjourn the hearing until another two members are able to attend. Questions to the ward nurse If you have been an in-patient on the ward, they will ask the ward nurse about your behaviour on the ward, how you get on with staff and other patients, and how you seem to have responded to any treatment.
There are 3 categories of risk: Tribunal hearings are usually held in private and most take place in hospitals. Tribunal panel members[ edit ] The Lord Chancellor makes appointments to the panels of members for each region.
Organisation of the Tribunal[ edit ] The Secretary of State for Health is responsible for meeting the expenses of Tribunals in England and for providing accommodation and staff.
You can then stop any treatment if you wish. Sometimes, however, hearings do not proceed the panel adjourns if there is missing information hat would mean that your case cannot be properly heard.
The Tribunal will consider the case and the patient as presented on the day. Risk to your safety: This is staffed by members of the Department of Healthand has responsibility for the administration of the Tribunals.
Generally, medical judges are appointed in office for a term of 5 years and this is reviewed every 5 years until the age of 70, which is the statutory retirement age for all judges. Your care co-ordinator may be asked similar questions to your doctor and nurse, but will also be asked about your accommodation, finances, and what the views of your nearest relative are.
About the tribunals HESC and MHRT Wales are responsible for deciding upon the necessity for the continued compulsory detention of mentally disordered patients in hospital or the continuation of a conditional discharge, guardianship, or a community treatment order.
For example, even if you disagree strongly with what is being said, you must not interrupt the psychiatrist, nurse or care co-ordinator when they are answering questions from the panel or from the lawyer.
The Tribunal members are appointed by the Ministry of Justice. Other useful information Rethink Mental Illness: What is the appropriate treatment for the patient?
In England, the pre-medical examination is not a requirement to hear a case. The legal members are required to have "such legal experience, as the Lord Chancellor considers suitable".
If you wanted to be discharged from Section but that does not happen, your lawyer will advise you on when you can apply again for a tribunal. You will either come back to the room with your lawyer and be told, or told separately by your advocate.
Course of the tribunal[ edit ] Tribunals normally sit in private and take place in the hospital or community unit where the patient is detained.
This is now you are at the moment.Fersiwn Cymraeg The JAC has been asked to identify up to 80 candidates to recommend for the post of Fee-paid Medical Members of the First-tier Tribunal, Health Education and Social Care Chamber (HESC) and 10 to recommend as Fee-paid Medical Members of the Mental Health Review Tribunal for Wales (MHRT Wales).
The First Tier Tribunal is an independent panel that can discharge you from the Mental Health Act. The tribunal hearings take place at the hospital. The tribunal has to decide if you meet the criteria for being sectioned. By enforcing compliance with these principles the Tribunal can ensure that mental health law safeguards the rights of the patient.
However despite the requirements of the Code of Practice there is an underlying emphasis running throughout mental health law to protect the rights of third parties at the expense of the rights of patients.
29 rows · Overall, the First-tier Tribunal is presided over by the Senior President of. In England, the First-tier Tribunal (Mental Health), more commonly known as the Mental Health Tribunal, is an independent quasi-judicial body established to safeguard the rights of persons subject to the Mental Health Act Summary The First-tier Tribunal (Mental Health) is the primary mechanism in England for appeal against the use of the Mental Health Act's powers of detention, guardianship or.Download