Poll on the proposed longer listing window for s2 tribunal cases

I’m partly curious how well polls work on this forum software – and partly curious what people think about Tribunal Procedure Committee, ‘Possible amendments to the Tribunal Procedure (FTT) (HESC) Rules 2008’ (consultation about s2 listing, from 21/6/22 to 16/8/22).

Do you agree that the proposed change to rule 37 of the HESC Rules, to permit section 2 MHA cases to be listed within 10 days of the date on which the MHT receives the application notice, should be made permanent?
  • Yes
  • No

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The consultation also asks “If not, why not?” – though not “If yes, why?” – feel free to answer those questions by replying below.

The ten day rule results in tribunals being held right at the end of the 28 day period which is unfair to patients.

I think that you are probably right Karen, although in devil’s advocate mode I first wondered why should it matter if a hearing is on the last day of the s.2, assuming that this implies that the detaining authority intend to progress to a s.3 (otherwise surely the patient would be discharged before the Tribunal by the RC?). I guess that the actual harm for patients is therefore simply that the longer the wait for a hearing on a short-term section, the less it really is an effective safeguard against unwarranted or prolonged detention. Simply a case of justice delayed

Yes I think that is correct. On s2 there will be a high proportion of patients on a first admission and so more likelihood that the statutory criteria for detention are not met than with s3 patients.