Hi everyone, I had a Tribunal hearing this week where the patient had recently been discharged onto a CTO. During the hearing, the doctor said in her evidence that the need for recall was only desirable and not necessary. The judge tried to redirect the doctor with her evidence, but she still did n…

100%. They’re entitled to disagree with the RC but have to explain why. They can’t just completely ignore the evidence. If it looks as though the judge wrote the decision before the hearing how can the patient have any faith in the system? There’s some useful stuff at Appealing against a tribunal de…

Surely if that’s the RC’s view then they should have just discharged the CTO themself rather than it even going before a Tribunal.

I am not sure I understand the issue. Instead of appealing the RC can just discharge the section themselves.

I’m going to guess that either the doctor wasn’t the RC and was using coded language to signal that she disagreed with the RC, or the doctor gave an honest answer to the “necessary or desirable” question without understanding the implications (and maybe the tribunal didn’t understand either).

MHLO Forum

CTO, Tribunal and 'necessity' of recall power

Law and practice Mental Health Tribunal

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