# Pre-Hearing Examinations - what is "exceptional"? **URL:** \ **Category:** Mental Health Tribunal\ **Tags:** phe, coronavirus\ **Created:** [30 October 2020 12:52 UTC](https://forum.mentalhealthlaw.co.uk/t/pre-hearing-examinations-what-is-exceptional/165 "2020-10-30T12:52:18Z")\ **Posts on this page:** 4\ **Page:** 1
**Author:** ![AdamMarley](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/a/59ef9b/32.png) [@AdamMarley](https://forum.mentalhealthlaw.co.uk/u/AdamMarley)\ **Post date:** [30 October 2020 12:52 UTC](https://forum.mentalhealthlaw.co.uk/t/pre-hearing-examinations-what-is-exceptional/165/1 "2020-10-30T12:52:19Z")
Good morning everyone, I have a client at one of the high security hospitals and I am appointed under r.11(7)(b). Due to the client’s fluctuating capacity and the risk that he may not actually turn up for the hearing itself, I put in a request for a PHE. I got a response back from STJ Bryer asking me to draft representations as to what makes the case exceptional such that a PHE is justified. I have looked through all the published guidance, but can’t find anything in relation to the factors which the Tribunal would consider tend towards a case being exceptional. I have written back asking for guidance, but wondered if anyone has any experience of wringing a PHE out of the Tribunal and could share any insights into how they managed to wring blood from the stone! Thanks a million Adam ---
**Author:** ![BenC](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/b/82dd89/32.png) [@BenC](https://forum.mentalhealthlaw.co.uk/u/BenC)\ **Post date:** [30 October 2020 19:11 UTC](https://forum.mentalhealthlaw.co.uk/t/pre-hearing-examinations-what-is-exceptional/165/2 "2020-10-30T19:11:21Z")
Hi Adam There isnt any guidance on “exceptional circumstances”. You need to consider rule 34 and just outline why a PHE would enable the Tribunal to properly obtain a medical review of your client rather than a one sided view of that presented by the MDT. If your client would engage in a PHE but not attend that needs to be stated. Just put every point you can think of really… Good luck Ben Conroy. ---
**Author:** ![CharlieBEvans](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/c/bbe5ce/32.png) [@CharlieBEvans](https://forum.mentalhealthlaw.co.uk/u/CharlieBEvans)\ **Post date:** [5 November 2020 10:11 UTC](https://forum.mentalhealthlaw.co.uk/t/pre-hearing-examinations-what-is-exceptional/165/3 "2020-11-05T10:11:16Z")
Arguably, the so-called “exceptional” circumstances are just the reasons that we would normally advise a PHE anyway! Certainly the successful applications that I have seen have centred around: - rule 2 and the ability to participate fully (if not attending or the quality of the evidence would be better in a PHE setting, e.g. if your client is particularly anxious, LD and so on) - making use of having a psych on the panel (again, back to rule 2) and the medical issues engaged in the case and the need for a second opinion (on degree or on diagnosis in particular) ---
**Author:** ![Jonathan](https://forum.mentalhealthlaw.co.uk/user_avatar/forum.mentalhealthlaw.co.uk/jonathan/32/88_2.png) [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\ **Post date:** [30 December 2020 14:17 UTC](https://forum.mentalhealthlaw.co.uk/t/pre-hearing-examinations-what-is-exceptional/165/4 "2020-12-30T14:17:02Z")
> [@CharlieBEvans](#): > > Arguably, the so-called “exceptional” circumstances are just the reasons that we would normally advise a PHE anyway! This is pretty much what the Upper Tribunal decided! They squared the circle by treating the word “exceptional” as effectively meaning “practicable”, i.e. just an _exception_ to the PD’s deeming provision that PHEs are not practicable. See [EB v Dorset Healthcare University NHS Foundation Trust [2020] UKUT 362 (AAC)](https://www.mentalhealthlaw.co.uk/EB_v_Dorset_Healthcare_University_NHS_Foundation_Trust_(2020)_UKUT_362_(AAC)).