Update from the Tribunal

First, we have updated parts of our scheduling pro forma.  This document, which is used by almost all MHOs when submitting CTO applications, is very helpful to us and, we hope, to all who submit applications under the 2003 Act.  It is designed as a ‘one stop shop’, aiming to capture all the information we need to process an application and arrange a hearing.  In that respect, it benefits applicants as well.  We would encourage RMOs and solicitors to use the form if at all possible. A copy is attached, and the form can also be found here [link]

One aspect of the form to highlight is the question about whether or not the patient might wish to attend their hearing.  This needs to be answered yes or no.  We are endeavouring to arrange hearings that reflect the format the patient wishes.  If they may attend, we will arrange an in person hearing if we can, unless the patient would prefer a different format.  That should therefore be explained, if applicable.  If the patient will not attend, but another family member would wish an in person hearing, that should be shown as well.

Lastly, we are improving our processes around roles for family members and friends.  On our new website, we have a guidance document about these roles [link].  We also have a factsheet on rules 46 and 48.  The factsheet is available here [link].  Rule 46 deals with the sharing of application papers with relevant persons and others, following a request from such an individual.  Rule 48 deals with entitlement to the status of party or relevant person in tribunal proceedings.   If a rule 48 request is made, we will generally share papers while the rule 48 consultation process is ongoing.  Finally, if non-disclosure of any document to a patient is sought, it is necessary to make an application to us under rule 46A.