The patient is at the centre of the process and is encouraged to attend the Tribunal.
The patient can speak on their own behalf if they wish. The patient can choose not to attend the Tribunal or may be too unwell to attend. In addition to the patient and the Tribunal members two other people must attend:, the patient’s legal representative and the psychiatrist who is treating them.
Legal representative The patient’s legal representative must attend the Tribunal. They will speak on the patient’s behalf at the Tribunal and ensure their voice is heard.
Treating psychiatrist The consultant psychiatrist who is treating the patient in the approved centre must attend the Tribunal. They will be asked to give evidence and explain why - in their opinion - the patient continues to need care and treatment in the approved centre (under section 3 of the 2001 Act).
Support person The patient may bring a support person to a Tribunal. This could be a family friend, advocate, or trusted person, or a staff member from the approved centre. The patient should tell their legal representative before the Tribunal date that they want to bring a support person. The legal representative informs the Tribunal members, who decide whether the support person can attend.
Witnesses The Tribunal may ask to speak to people or may be asked to speak to people involved in the patient’s care in the approved centre or anyone involved in the admission process. The patient or their legal representative can question any witness at a Tribunal. The Tribunal decides whether or not a witness should be called to give evidence.
Independent consultant psychiatrist Generally, the independent consultant psychiatrist does not attend the Tribunal but is sometimes asked to attend.
