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 rules of evidence or procedure for such hearings, and little or no
