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 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

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

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

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

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

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

Venues Board / Authoritytotalhospital based ARGYLL & CLYDE 64 AYRSHIRE 62 BORDERS41 DUMFRIES & GALLOWAY 11 FIFE 32 FORTH VALLEY 124 GREATER GLASGOW 83 GRAMPIAN 42 HIGHLAND 10 LANARKSHIRE ** 103 LOTHIAN 83 ORKNEY 21 SHETLAND 10 STATE HOSPITAL ** 41 TAYSIDE 96 WESTERN ISLES00 TOTAL7933

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

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

Q&A Any questions