header-logo header-logo

03 January 2008 / Dr Srikanth Nimmagadda , Dr Chris Jones
Issue: 7302 / Categories: Features , Public , Human rights , Mental health
printer mail-detail

Misrepresentation

Public bodies are too often represented by unqualified people say Dr Chris Jones and Dr Srikanth Nimmagadda

Mental Health Review Tribunal (MHRT) proceedings are proceedings of the High Court that determine the liberty of patients detained under the Mental Health Act 1983 (MeHA 1983). There are usually two parties to the proceedings: the patient and the “responsible authority”—the managers of the NHS trust or private hospital in which the patient is detained. Patients are usually represented by a lawyer specialising in mental health law. In contrast, legal representation for the hospital is rare. Generally the responsible medical officer (RMO)—the consultant in charge of the patient’s treatment—represents the hospital. This is no longer automatically the case (see R (on application of Care NHS Trust) v Mental Health Review Tribunal [2003] EWHC 1182 (Admin), [2003] All ER (D) 120 (May)), but it remains common. Consultant psychiatrists receive no specific training in the responsibilities arising from this role, although many gain considerable practical experience of the proceedings. Similarly, psychiatrists have no training in the

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis wills and probate team extends reach with two appointments

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll