Mental Health Tribunal for Scotland expert witness reporting
Reporting for the Mental Health Tribunal for Scotland requires a psychiatrist approved under section 22 of the Mental Health (Care and Treatment) (Scotland) Act 2003, familiar with both the statutory criteria the tribunal must apply and the practical realities of the ward, the community team and the patient's own account. I hold section 22 approval and am instructed by patients' solicitors, by responsible medical officers' representatives and by the Mental Welfare Commission.
Work covers applications for and appeals against compulsory treatment orders, short-term detention appeals, applications concerning compulsion orders and restriction orders made in the criminal courts, and independent second opinions on treatment and diagnosis. Reports are prepared to the tribunal's own procedural rules and timescales, which are considerably shorter than in civil court work.
What I can advise on
- Whether the patient has a mental disorder as defined by the 2003 Act, and the nature of that disorder.
- Whether the significantly impaired decision-making ability test is met, where relevant to the type of order sought.
- Whether medical treatment is available which would be likely to prevent the disorder worsening or alleviate its symptoms or effects.
- Whether there would be a significant risk to the health, safety or welfare of the patient, or to the safety of others, if compulsory measures were not in place.
- Whether the proposed order, or its continuation, is necessary, and whether it represents the least restrictive alternative consistent with the statutory principles in the 2003 Act.
- For restricted patients, the specific risk considerations arising from the restriction order and their relevance to any proposed variation or conditional discharge.
- An independent second opinion on diagnosis or on a specific proposed treatment where this is sought by the patient, a named person, or the Mental Welfare Commission.
- The patient's own wishes and views, recorded and given appropriate weight, as the Act requires.
Tribunal reports are prepared to the timescales set by the tribunal's rules, which can be measured in days rather than weeks. I confirm availability against the actual hearing date before accepting instruction, and decline where I cannot meet it.
Typical instructions
- Appeal against a compulsory treatment order
- A patient subject to a compulsory treatment order instructs an appeal, disputing that the statutory criteria continue to be met. An independent examination and review of the responsible medical officer's records addresses each of the section 64 grounds in turn.
- Independent second opinion on a proposed treatment
- A patient objects to a specific medication proposed under Part 16 of the Act. An independent psychiatric opinion is sought on whether the treatment is appropriate, having regard to the diagnosis, the alternatives considered, and the patient's expressed wishes.
- Compulsion order and restriction order review
- A restricted patient detained following criminal proceedings applies for a review of continued detention. The opinion addresses current mental state, the specific risks that gave rise to the restriction order, and whether continued detention or a variation of conditions is justified.
- Short-term detention appeal on an urgent timescale
- A patient appeals a short-term detention certificate within days of admission. The instruction requires rapid arrangement of an examination, review of the emergency and short-term detention documentation, and a report to the tribunal's compressed timetable.
What the report includes
The report is structured around the specific statutory criteria that apply to the order or appeal in question, addressing each ground the tribunal must consider rather than giving a general clinical summary. Where the criteria for the order sought differ from those for a related order, this is made explicit.
The clinical account draws on direct examination of the patient, review of the responsible medical officer's records, nursing notes and any care programme documentation, and, where relevant, the views of the patient's named person and any advance statement made under the Act.
The reasoned opinion states clearly whether each statutory ground is met, addresses the least restrictive alternative required by the Act's principles, and records the patient's own views on the order and on treatment, with appropriate weight given to them.
Timescales and format
Assessment is arranged wherever the patient is detained or resident, including hospital wards, or by secure video where the tribunal and the patient's circumstances make this appropriate.
Because tribunal timescales are set by statute and by the tribunal's own rules, turnaround is agreed against the actual hearing date at the point of instruction rather than against a standard figure: [CLIENT TO CONFIRM: X weeks / urgent turnaround terms].
Attendance at the tribunal hearing itself, whether in person or by video, is available and is confirmed as part of the instruction rather than arranged separately at a later date.
Frequently asked questions
- What does section 22 approval mean?
- Section 22 of the Mental Health (Care and Treatment) (Scotland) Act 2003 sets the approval a psychiatrist must hold to carry out certain statutory functions under the Act, including specified tribunal reporting functions. I hold this approval.
- Can you act for the patient and for the responsible medical officer's side in different cases?
- Yes, on different instructions and subject to a conflict check in each case. The same independent standard applies whichever party instructs.
- How quickly can a report be prepared for an urgent short-term detention appeal?
- Availability is confirmed against the tribunal's actual timetable before instruction is accepted, because these timescales are set in days. If the timetable cannot be met, this is said at enquiry stage rather than after instruction.
- Do you provide independent second opinions under Part 16 of the Act?
- Yes, on the specific treatment or diagnosis referred, addressing the statutory tests that apply to the opinion requested.
- Can you report on restricted patients subject to a compulsion order and restriction order?
- Yes, including the additional risk and public protection considerations that arise from the restriction order, alongside the underlying mental disorder criteria.
Related expertise
- Fitness to practise — Health assessments and reports for the GMC, GDC, NMC and other regulatory bodies.
- Criminal law — Fitness to plead, diminished responsibility and mental state reports for criminal courts.
- Personality disorders — Opinion on personality disorder, its interaction with claimed injury and its effect on function.
- Letter of instruction — model letter and the records to enclose
Instructing Dr Qureshi
Instructions are accepted from pursuer and defender agents, insurers, regulatory bodies and occupational health providers. A conflict check is carried out before any instruction is accepted.
Or call 07739 587092.