The Tribunal hearing will be conducted with as little formality as possible.
The Tribunal may consist of one member, or three or more members. Usually there will be three members - a lawyer, a medically trained person and a community member.
The patient can be accompanied by anybody they like such as a lawyer, a friend, a relative, or an advocate.
Only persons with a direct interest in the matter will be allowed to be present during the hearing.
With the agreement of the patient, observers such as interns, trainee health care providers etc. may be given permission from the Tribunal to be present at the hearing. Any request for an observer to be present should be put to the Tribunal in the patient's presence before the heading starts.
Unless you wish to make an application to withhold information from the patient the hearing will not start until all parties are present. Once the hearing commences, unless the Tribunal has granted permission for the withholding of information, all discussions with Tribunal members will be held in the presence of the patient and any persons attending on the patient's behalf.
When the parties first enter the room the Tribunal members will introduce themselves and explain the order of proceedings.
The Tribunal will ask the patient if they:
The Tribunal will hear from the patient whether they consider they should be treated as an involuntary patient.
They will hear from the treating medical practitioner or a person familiar enough with the patient's case to provide the information required by the Tribunal, why voluntary status is not a suitable way for the patient to receive treatment.
The Tribunal members, the patient, the patient's advocate or support person, or the person responsible may ask questions of the treating team present to ensure they understand why the treating team supports the continuation of the order.
Any person present at a Tribunal hearing, except an observer, can present material to the Tribunal.
At the end of the hearing each person present will be given an opportunity to summarise for the Tribunal the reasons they hold the view they do as to the necessity for an order to be in place.
Everybody, except the Tribunal, will then be asked to leave the room so that a decision can be made.
When the Tribunal has reached a decision all interested parties will be invited back into the room and the Chairperson of the Tribunal will advise all parties of the Tribunal's decision and the reasons why the decision was made.
A written copy of the decision will be given to the patient, the consultant, and a representative of the community team, if applicable.
A printed copy of the Tribunal's 'Statement of Reasons for Decision' may be requested by, the patient, the person responsible, the treating team or a lawyer acting on behalf of any of those persons, writing to the Registrar of the Mental Health Tribunal.
