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 Review 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:	9781040431795
Publisher:	Taylor & Francis
Publication date:	10/20/2025
Sold by:	Barnes & Noble
Format:	eBook
Pages:	242

About the Author

Dr Toyin Okitikpi was a principal lecturer and course director in social work. Having started in residential care he qualified as a generic social worker and worked in the field for many years. His interests include social work education, the importance of education in the lives of children and young people, refugee and asylum-seeking children and their families, social integration and cohesion, working with children of mixed parentage and interracial/multicultural families and their experiences. Currently he sits on several tribunals including the Mental Health Tribunal, the Complementary and Natural Healthcare Council, Employment Tribunal and the Ministry of Defence Service Complaints Appeals Board. He is a PhD; Professional and Practitioner Doctorate external examiner. He is also a Trustee of Primary Shakespeare Company and Turner Schools Academy Trust.

Herbert Mwebe is an Associate Professor of Mental Health and a Senior teaching fellow in the School of life and Health Sciences. He leads a team of mental health nurse academics in the planning and delivery of pre and post reg Mental Health programmes, including CPD. Herbert 's teaching and research interests focus on best practice relating to parity of esteem, with reference to improving physical health outcomes in SMI, appropriate, safe, and effective use of psychopharmacological agents, and recovery approaches. He has worked in various Higher Education and NHS settings, including General practice, secondary and primary care services. He is a specialist clinical advisor to the CQC, supporting with inspections of community and hospital MH settings. He sits on His Majesty's Courts and Tribunal Service- The First Tier-Mental Health Tribunal as a Specialist Panel Member. He is an editorial board member for the British of Journal of Mental Health Nursing and an External Examiner at Bournemouth University on a range of CPD modules. He is a Peer reviewer for various journals including Mental Health Practice (RCNi). As QAA registrant visitor, Herbert undertakes the delivery of quality assurance services to the Nursing and Midwifery Council (NMC). Herbert is a co-director and lead for Education and Training for a CIC diaspora Health association, Uganda Nurses, and Midwives Association UK

Helen Rees is a registered nurse and health visitor. She has worked in mental health nursing education since 2012 and currently holds the of Professional Nurse Educator Lead for Priory group. Helen teaches across a range of topics; areas of interest include children and young people’s mental health, mental health law and the reduction of coercion in healthcare. Helen is a steering committee member of the RCN mental health forum and a specialist judiciary member. Helen is a published author in several nursing areas and is a reviewer across several nursing journals. Helen sits on the approval panel for several national grant awards and is part of the accreditation team 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