Right for translator for Nearest Relative at Tribunal

Law and practice Mental Health Tribunal
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1

Hello All,

Hoping someone can please help me with an issue. The client has asked the Nearest Relative to attend the Tribunal as they support discharge however the NR does not speak English. The Tribunal have refused to provide a translator on the basis that the clients first language is English. Has anyone come across this before and if so what would be the best way to tackle the issue please?

Perhaps just reply to the Tribunal stating it is not in the interest of justice to not allow the clients NR to provide supporting evidence? Or perhaps submitting a translated statement from NR instead?

Please note NR order for discharge has been barred and NR is aware of right to apply to Tribunal.

Thank you in advance.

2

Would it be simpler for NR to apply for a Tribunal then request (or more likely it would happen automatically) for both cases to be heard together? As it’s the NRs application - the Tribunal would be more likely to provide a translator?

The only drawback is that one of the rights of appeal is being given up. However, as the NR only has 28 days to apply for a Tribunal from the date the discharge is barred - this may happen anyway.

3

I can’t help, but I have a comment. I assume the NR won’t be able to understand the proceedings without a translator, let alone speak.