What circumstances allow covering responsible clinicians to attend Mental Health Review Tribunals and Mental Health Act Manager Reviews?

[Jonathan]

@Rosemaryherb

I think that the law requires the RC who is named on the original section papers or signs the H5 renewing the detention or the M2 barring an NR application - should attend hearings and speak to the RC Report submitted to the HMs or MH Tribunal panel.

There are at least two relevant scenarios – the RC changing over time, temporarily or permanently, and the RC sending someone else to give evidence – and I think neither is forbidden.

The guidance I mentioned above discusses situations in which a more junior doctor might give evidence at the tribunal. I imagine that at least some individual hospitals have similar policies for their hospital managers’ hearings.

@Rosemaryherb

In fact there is NO legal requirement for Managers to Review renewals of detention or barring orders.

This is almost right but (as it’s a different topic really) I’ve tried to answer it at Paper reviews and uncontested renewals - #4 by Jonathan