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Roles of the Tribunal members
The Role of the Legal Member
The legal member's role is to preside (i.e. take the chair) at Tribunal hearings. His or her responsibilities also include making sure that the proceedings are conducted fairly, that the legal requirements of the Mental Health Act are properly observed and advising on any questions of law which may arise. He or she is also responsible, in consultation with other members of the Tribunal, for drafting the reasons for the decision, and for signing the record of the decision. The legal members are required to have “such legal experience, as the Lord Chancellor considers suitable”. They are normally senior practitioners, but in ‘restricted patient’ cases, must be Circuit Judges, or one of a small number of Recorders, who are also Queen´s Counsel.
Information about becoming a legal member.
The Role of the Medical Member
The medical member has a dual role to perform. The Tribunal Rules also require them to carry out an examination of the patient before the hearing and to take any steps that they consider necessary to form an opinion of the patient´s mental condition. At the hearing, they, together with the other members, have the judicial responsibility of deciding whether or not the patient should continue to be detained. If the medical member´s opinion of the patient differs significantly from other medical witnesses then this should be made known at the beginning of the hearing. This is because it would be unfair and contrary to a basic principle of natural justice if the Tribunal members were to take notice of information that had not been shared with all the other parties at the hearing. The medical member is invariably a consultant psychiatrist of several years' standing. He or she will be able to advise the other members of the Tribunal on any medical matters.
Information about becoming a medical member.
The Role of the Lay Member
The lay member provides balance to the Tribunal as a representative of the community outside the legal and medical professions. Most of them will have a background of practical experience of working in the health and welfare fields in the NHS, voluntary organisations or private health sector.
Information about becoming a lay member.
The Role of the Regional Chairmen
There is a Regional Chairman appointed for each of the two Tribunal regions (the North Region and the South Region), based in London and Manchester. Regional Chairmen´s responsibilities include appointing members to particular hearings, ensuring that all the statutory requirements are complied with, making judicial decisions and giving such directions as are necessary to ensure the speedy and just determination of every case. Regional Chairmen are also responsible for organising training for members, for overseeing the members' appraisal and mentoring scheme, and for handling complaints about a member´s conduct.
