Giving Evidence at a Mental Health Tribunal: A Professionals' Handbook

by Toyin Okitikpi (Editor), Herbert Mwebe (Editor), Helen Rees (Editor)

Overview

This practical and accessibly written guide introduces what practitioners need to know about Mental Health Tribunals, covering the status of the tribunal, its processes and the evidence that is required from witnesses. Members of the multidisciplinary team in mental healthcare may have a legal duty to provide oral and written evidence at First Tier Tribunals (mental health). The tribunal acts as a key safeguard in the provision of mental health care under the Mental Health Act (2007) and it is important that all clinicians contributing evidence understand their role and responsibilities.

Helping readers to understand what is required of them as witnesses, and to appreciate the extent of the tribunal’s powers, this book provides invaluable information about expected best practice and relevant skills, such as distinguishing between an informed opinion and conjecture.

This text is an essential reference for mental health practitioners and students from a range of professions, including nursing, social work, occupational therapy, medicine and psychology.

Product Details

ISBN-13:	9781041064657
Publisher:	Taylor & Francis
Publication date:	11/03/2025
Pages:	160
Product dimensions:	6.88(w) x 9.69(h) x 0.00(d)

About the Author

Toyin Okitikpi is a qualified social worker with over 40 years’ experience in the field of social work and social welfare both as a practitioner and as an academic. He currently sits on several tribunals, and he is an external examiner for Tavistock Portman Foundation and University of East London. He has been involved in research and has written and co-authored academic publications that explores practice-related areas.

Herbert Mwebe is a registered mental health nurse and independent prescriber. He has a combined experience of working clinically and in education of over 20 years. He has written and co-authored academic publications in mental health. He is a specialist advisor to the Care Quality Commission and sits on the First-Tier Mental Health Tribunal as a specialist member. He is an external examiner at Bournemouth University.

Helen Rees is a registered nurse and health visitor. She has worked in mental health nursing education since 2012 and currently holds the role of Professional Nurse Educator Lead for Priory group. Helen currently sits on mental health tribunals as a specialist member and is a steering committee member for the Royal College of Nursing.

Table of Contents

Part 1 – Introduction, Mental Disorder and Treatment,

1 Understanding Mental Disorder, 2 The Role of Medication in Treatment, 3 Psychotherapeutic Treatment, 4 Occupational Therapy in Context of Mental Health Services, 5 Nursing Care and Support, 6 Exploring Community Mental Health Support, 7 Compulsory Admission into Hospital (restricted and non-restricted), Part 2 - Tribunal, Law and Practice, 8 The Purpose and Function of the Mental Health Tribunal, Part 3 - Evidence in Brief , 9 Giving Evidence at the Tribunal, 10 The Nursing Evidence, 11 The Responsible Clinician’s Evidence, 12 The Care Coordinator’s Evidence, 13 The Patient, Nearest Relative and Advocate’s Evidence, 14 The Legal Representative

Editorial Reviews

'The Mental Health Tribunal provides a necessary review of a patient’s MHA detention, but for the Tribunal to perform at its best in considering a case with due diligence and urgency, the evidence of witnesses also need to be at its best.  This book, with contributions by a range of experienced Tribunal members, provides valuable guidance to those giving written or oral evidence.  I would encourage this to be read by anyone in that position.'

- Carolyn Fyall, District Tribunal Judge and Training Lead,
Manchester Civil Justice Centre

'Clinicians often struggle to understand their role in tribunals. This book will go a long way in helping them and is an important publication which I hope all facilities with detained patients will use.'

- Meera Roy, Medical Member, Mental Health Tribunal, HESC

'Many professionals appearing before the Mental Health Tribunal do not have adequate training on either how to write reports for the Tribunal or how to give best evidence. This practical approach is an excellent guide to enabling them to do so.'

- Carolyn Taylor, Tribunal Judge, Mental Health Tribunal, HESC

From the Publisher