# Who should write medical reports for Hospital Managers Hearings? **URL:** \ **Category:** Mental Health Act\ **Tags:** hmh\ **Created:** [29 March 2025 11:49 UTC](https://forum.mentalhealthlaw.co.uk/t/who-should-write-medical-reports-for-hospital-managers-hearings/3506 "2025-03-29T11:49:12Z")\ **Posts on this page:** 7\ **Page:** 1
**Author:** ![MoiraG](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/m/e480ec/32.png) [@MoiraG](https://forum.mentalhealthlaw.co.uk/u/MoiraG)\ **Post date:** [29 March 2025 11:49 UTC](https://forum.mentalhealthlaw.co.uk/t/who-should-write-medical-reports-for-hospital-managers-hearings/3506/1 "2025-03-29T11:49:12Z")
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? ---
**Author:** ![ZacSussex](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/z/e8c25b/32.png) [@ZacSussex](https://forum.mentalhealthlaw.co.uk/u/ZacSussex)\ **Post date:** [31 March 2025 14:35 UTC](https://forum.mentalhealthlaw.co.uk/t/who-should-write-medical-reports-for-hospital-managers-hearings/3506/2 "2025-03-31T14:35:46Z")
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. ---
**Author:** ![MoiraG](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/m/e480ec/32.png) [@MoiraG](https://forum.mentalhealthlaw.co.uk/u/MoiraG)\ **Post date:** [31 March 2025 20:00 UTC](https://forum.mentalhealthlaw.co.uk/t/who-should-write-medical-reports-for-hospital-managers-hearings/3506/3 "2025-03-31T20:00:24Z")
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? ---
**Author:** ![ZacSussex](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/z/e8c25b/32.png) [@ZacSussex](https://forum.mentalhealthlaw.co.uk/u/ZacSussex)\ **Post date:** [31 March 2025 20:38 UTC](https://forum.mentalhealthlaw.co.uk/t/who-should-write-medical-reports-for-hospital-managers-hearings/3506/4 "2025-03-31T20:38:18Z")
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. ---
**Author:** ![MoiraG](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/m/e480ec/32.png) [@MoiraG](https://forum.mentalhealthlaw.co.uk/u/MoiraG)\ **Post date:** [31 March 2025 21:07 UTC](https://forum.mentalhealthlaw.co.uk/t/who-should-write-medical-reports-for-hospital-managers-hearings/3506/5 "2025-03-31T21:07:03Z")
Much appreciated Zac. ---
**Author:** ![GuyDavis](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/g/eb9ed0/32.png) [@GuyDavis](https://forum.mentalhealthlaw.co.uk/u/GuyDavis)\ **Post date:** [1 April 2025 07:58 UTC](https://forum.mentalhealthlaw.co.uk/t/who-should-write-medical-reports-for-hospital-managers-hearings/3506/6 "2025-04-01T07:58:40Z")
Having been on the working group for the review of the Code and for that chapter in particular, my recollection is that “…panels are provided with written reports from the patient’s responsible clinician…” was deliberately worded in that way, to reflect the fact that someone other than the RC could be the author, but the RC would ‘provide’ it, as in the report would be their responsibility and so i.e. they would counter-sign it to show that they had read and agreed with it. As is the case with reports for Tribunals. ---
**Author:** ![MoiraG](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/m/e480ec/32.png) [@MoiraG](https://forum.mentalhealthlaw.co.uk/u/MoiraG)\ **Post date:** [1 April 2025 15:23 UTC](https://forum.mentalhealthlaw.co.uk/t/who-should-write-medical-reports-for-hospital-managers-hearings/3506/7 "2025-04-01T15:23:50Z")
Thatr’s really useful Guy. I see what you are saying regarding “provided with”. I can see your point. On another issue, the Colonel Munjaz decision is very interesting re the status of the Code of Practice- I presume it was appealed but I don’t remember hearing about it.