Should medical reports to Hospital Managers Panels always be completed by the R.C. or is it acceptable for someone else to put forward a report instead?
The Code of Practice at para 38.27 states:
“Hospital managers should ensure that mechanisms are in place so that, in advance of the hearing, managers’ panels are provided with written reports from the patient’s responsible clinician and from other key individuals directly involved in the patient’s care as appropriate, such as the patient’s care co-ordinator, named nurse, social worker, occupational therapist or clinical psychologist.”
However, it’s common in Tribunals for a Core Trainee to draft the report and it be counter-signed by the RC. I’d say the actual RCs aren’t available for around 30% of my hearings.
Thank you for that it’s very useful. I don’t suppose there is any real come back if Code of Practice isn’t followed though?
The Managers could keep adjourning if they think evidence from the RC is a necessity before moving forward with a review of the section.
The only avenue from the patients perspective would be JR - the case of Munjaz makes clear that a Code of Practice is legally binding unless there are good reasons to depart from it.
Much appreciated Zac.