Faculty backs Mental Health Tribunal transfer proposals

Scottish Government plans to allow experienced Mental Health Tribunal members to remain in post beyond pensionable age have been supported by the Faculty of Advocates in a consultation response.

Faculty was presenting its submission on the pending transfer of the Mental Health Tribunal for Scotland (MHTS) to the Scottish Tribunals, when it will become the First-tier Tribunal for Scotland Mental Health Chamber. The Scottish Government is consulting on draft regulations relating to the change.

The advocates' professional body considers that "it is essential that the flexible procedure currently in place for the MHTS is replicated in the new procedural rules for the Mental Health Chamber", and that the transition of cases would need to be handled "with care and sensitivity".

It approves of the intention to replicate the effect of the Judicial Pensions and Retirement Act 1993, s 26 of which permits the reappointment of tribunal members aged 70 for one year at a time until the age of 75, if their reappointment is in the public interest.

"The idiosyncratic nature of MHTS hearings requires tribunal members to exercise their functions with an unusual degree of skill and sensitivity", Faculty states. "In many cases, this skill has been honed over a significant period of time. In addition, some members are specially trained to handle more challenging cases, notably those involving children and adolescents, patients with learning disabilities and those suffering from age-related dementia.

"At a time when MHTS hearings are likely to be on the increase, the Faculty considers that it is appropriate to preserve the expertise and flexibility of this valuable resource."

Its submission proposes a number of amendments to the proposed procedure rules for cases before the tribunal.

Click here to view the full response.