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Mental Health Tribunal

Mental Health Tribunal. Eileen Davie President. Agenda. Introduction General Tribunal Panels Shrieval Panels How does the Tribunal work? Determinations Venues Security Administrative Challenges Q&A. Introduction. President MHTS Eileen Davie Full time role, public appointment

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Mental Health Tribunal

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  1. Mental Health Tribunal Eileen Davie President

  2. Agenda • Introduction • General Tribunal Panels • Shrieval Panels • How does the Tribunal work? • Determinations • Venues • Security • Administrative Challenges • Q&A

  3. Introduction • President MHTS • Eileen Davie • Full time role, public appointment • Responsible for conduct of and directions to Tribunal • Chief Executive MHTS Administration • Patricia Lewis • Full time role, civil servant • Responsible for managing administration, admin staff (caseworkkers, clerks) and all finances

  4. General Tribunal Panels • General Panels (non Shrieval) • Handing down orders (CTO) • Expedited procedures • Patient on Short Term Detention Certificate (28 days) • Statutory obligations of RMO and MHO • First Hearings (Rule 8) • Reviews • CTO and CO • Plan for one day one case

  5. Shrieval Panels I • Review Only • Recommendation by RMO to Scottish Ministers • Reference by Mental Welfare Commission • Reference by Scottish Ministers to Tribunal • Application by the patient • Restricted patients • Scottish Ministers under statutory obligation to continually review

  6. Shrieval Panels II • Only the Tribunal can vary or revoke CORO orders • More complex cases • Plan for 2 days per case

  7. How does the Tribunal work? • Taking of evidence • Judicial procedure • Ambit of evidence can be wider • Balance of formality vs informality • Legal representation

  8. Determinations • Evidence will be electronically recorded • Aide memoire • Forms • Interlocutors • Findings in fact and reasoning • General panel position • Complexity of CORO cases • Lengthy cases good practice dictates daily indexing of evidence

  9. Venues

  10. Security • Suggested policy • Patient remains under care and supervision of hospital escort if subject to detention • Public liability remains with venue • Scottish Exec responsible for tribunal members and MHTS staff • MHTS will assess risk with input from MHO • Additional security arrangements made on basis of risk assessment • Setting up security protocols with police • Reviewing suitability of subset of venues for higher risk hearings with police • Clerks will be have “Breakaway” training

  11. Administrative challenges • Predicting volume of work • Timing of applications • Security • Lack of experience of all participants • Availability of members (esp medical)

  12. Q&A • Any questions

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