Experience of being a nearest relative

I have been meaning to reply to messages sent in by Karen Walton, including one about unlawful practice but I think this message today from Rob Beech about incompetent Panel Members identifies the nub of the problem - the Tribunal Service itself that has no accountability. I have tried unsuccessfully to find out how Panel Members - in particular those who are “Judges” - are qualified to sit on the Panels,.

I am the sister and mha nearest relative of a 72 year old man who was diagnosed with Schizophrenia in January 1970. Until November 2017 he had never had an MHRT (or a Hospital Managers Review) and I knew very little about the process.

Since November 2017 I have learnt that the NR can apply every six months for a non-restricted patient to be discharged from detention. I have also found that an application on behalf of the patient can be made - with the patient’s authorisation - by ANYONE - it does not have to be a solicitor.

I made an application n behalf of my brother last October which was accepted and processed and then withdrawn on his behalf by a solicitor appointed for him by the Tribunal service. I have again made an application on his behalf .on 4 May which has been accepted and is being processed but so far my brother has received nothing. He has not appointed a solicitor and no application has been made by the authority.

Although the hearings themselves are not recorded by the Tribunal Service and it is a “contempt of court” if anyone else makes a recording, the Written Decisions can be made public. Since last August -through NR applications, I have 8 Written Decisions.

I have asked for the Tribunal Service to record the hearings which has been refused.

I will continue to ask for this to be done which would obviously prevent Panel Members from behaving unprofessionally under the cloak of confidentiality

Best wishes
Rosemary Moore

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Hi Rosemary,

It sounds like you have been working hard for your brother. You might wish to seek legal advice as to your rights, his rights and the processes surrounding the Tribunal and disclosure of documents as if you inadvertently slip up it could have consequences for you and could put him at a disadvantage.

Legal Aid funding will be free to you as your brother’s Nearest Relative if you intend to make an application to the Tribunal; if you don’t you may qualify for Legal Aid on a means-tested basis. Working with a reputable legal representative with expertise in this specialist area might give you some peace of mind that the best is being done for your brother at the most appropriate time and ease some of your burden.

Best regards :+1: :+1:t3:

Adam Marley
Head of Mental Health Law
GT Stewart Solicitors


Dear Adam,
Thank you for responding to my message which has been moved from the Complaints about Tribunal Judges to a new category (Experience of being a nearest relative)…
Would you be able to help me as legal representative with FTT applications? I made an NR application on 5 June but I am also trying to help my brother with his application made on 4 May which is being processed by the Tribunal Service but he has not received anything.
Thank you

Dear Rosemary,

Yes I can certainly see if we can help you.

Please feel free to contact me via the following link on our company website - Contact us - GT Stewart Solicitors


Dear Adam
Thank you. I will contact you through Stewarts GT to arrange for you to represent me at an NR hearing.
I will start enough Topic on Information for patients.
Best wshes