Written Question · S5W-27581 · Session 5
What action it is taking to ensure that the ruling to prevent the Mental Health Tribunal from also representing clients themselves, does no…
The question
To ask the Scottish Government what action it is taking to ensure that the ruling to prevent the Mental Health Tribunal from also representing clients themselves, does not create an access to justice issue in terms of mental health representation.
The answer
The Mental Health Tribunal has never represented clients.
The members of the Tribunal all serve on a part-time basis, allowing the Tribunal to draw on a wide range of legal, medical and general expertise. Occasionally, a person who sits as a legally qualified tribunal member will, as part of their own legal practice, have acted for a patient in a Tribunal hearing. It is however recognised as potentially giving rise to a conflict of interest and Tribunal members have received the relevant Guidance Note, issued by the President of Scottish Tribunals, which covers this issue. Further, as judicial decision makers, the Tribunal members are guided by the Statement of Principles of Judicial Ethics for the Scottish Judiciary.
The Tribunal is not aware of any difficulty for patients obtaining appropriate representation. The Scottish Government does not have any plans to review the matter.
The members of the Tribunal all serve on a part-time basis, allowing the Tribunal to draw on a wide range of legal, medical and general expertise. Occasionally, a person who sits as a legally qualified tribunal member will, as part of their own legal practice, have acted for a patient in a Tribunal hearing. It is however recognised as potentially giving rise to a conflict of interest and Tribunal members have received the relevant Guidance Note, issued by the President of Scottish Tribunals, which covers this issue. Further, as judicial decision makers, the Tribunal members are guided by the Statement of Principles of Judicial Ethics for the Scottish Judiciary.
The Tribunal is not aware of any difficulty for patients obtaining appropriate representation. The Scottish Government does not have any plans to review the matter.
In the Official Report
No contribution in the Official Report cites S5W-27581 by reference.