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Consultations

Any current consultations are shown in the "Open" tab. Recently-closed consultations are shown in the other tabs, and older consultations can be found in the Consultations archive. You can also browse all consultations.

Open

Organisation Consultation Description Opened Closes
Organisation Consultation Description Opened Closes
Department of Health Independent Review of the Mental Health Act 1983 by Simon Wessely (2018) Extract from website: "The review was set up to look at how the legislation in the Mental Health Act 1983 is used and how practice can improve. The purpose of the review is to understand the reasons for: (a) rising rates of detention under the Act; (b) the disproportionate number of people from black and minority ethnic groups detained under the Act; (c) processes that are out of step with a modern mental health care system. The review will seek the views of service users, carers, relevant professionals, and affected organisations in producing recommendations. It will produce a report with recommendations for change in autumn 2018." 2017-10-04 2019-12-31
Home Office Home Office, 'Preventing and tackling forced marriage' (consultation from 15/11/18 to 23/1/19) Summary from Gov.uk website: "This consultation seeks views about whether it is necessary to introduce a new legal mandatory reporting duty relating to cases of forced marriage and, if it is, what such a reporting requirement would look like. It also seeks views on how the current guidance on forced marriage could be improved and strengthened. The consultation is open to everyone. We are particularly interested in hearing from victims and survivors of forced marriage, those with expertise in the area of forced marriage, and relevant professionals, including those working in social care, education, the police and healthcare."
  • Home Office, 'Preventing and tackling forced marriage: a consultation' (15/11/18) — The introduction of this document begins: "This consultation seeks views about whether it is necessary to introduce a new legal mandatory reporting duty relating to cases of forced marriage and, if it is, what such a reporting requirement would look like. It also seeks views on how the current guidance on forced marriage could be improved and strengthened." The Background chapter begins: "A forced marriage is a marriage where one or both of the spouses does not consent to the marriage and is coerced into it, or where one or both of the spouses lacks the capacity to consent. Coercion may involve violence, threats, or different types of pressure (e.g. psychological, financial, or emotional). Forced marriage is a criminal offence in England and Wales under section 121 of the Anti-social Behaviour, Crime and Policing Act 2014. The offence applies regardless of whether the marriage ceremony is legally binding or not."
2018-11-15 2019-01-23

Closed in 2018

Organisation Consultation Description Opened Closed
Organisation Consultation Description Opened Closed
Joint Committee on Human Rights Joint Committee on Human Rights, 'Reform of the DOLS inquiry' (call for evidence from 9/2/18 to 2/3/18) Extract from website: "The Committee is issuing an open call for evidence from interested parties and would welcome written submissions by Friday 2 March on: (1) Whether the Law Commission's proposals for Liberty Protection Safeguards strike the correct balance between adequate protection for human rights with the need for a scheme which is less bureaucratic and onerous than the Deprivation of Liberty Safeguards; (2) Whether the Government should proceed to implement the proposals for Liberty Protection Safeguards as a matter of urgency; (3) Whether a definition of deprivation of liberty for care and treatment should be debated by Parliament and set out in statute. Submissions should be no more than 1500 words." 2018-02-09 2018-03-02
Tribunal Procedure Committee Tribunal Procedure Committee, 'Proposal to amend the Tribunal Procedure (First-Tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008' (consultation from 22/3/18 to 11/6/18) The MOJ, with support from the senior HESC judiciary, proposd that: (1) preliminary medical examinations should be abolished; and (2) mandatory references for adult patients, unless a party requests or the tribunal directs an oral hearing, should be determined by a paper review procedure. Following consultation, the Tribunal Procedure Committee roundly rejected the proposal.

Consultation documents

Papers released under the Freedom of Information Act

TPC Minutes

Response

  • TPC, 'Responses to the consultation on possible changes to the Tribunal Procedure (FTT) (HESC) Rules 2008 regarding pre-hearing examinations and decisions without a hearing in the case of references by the hospital or Department of Health' (23/10/18) — One interesting response, of many, is this from an MHT judge: "If cases are decided on papers alone, I can see little point in having those cases referred to the Tribunal. I have done a number of paper hearings and they are unsatisfactory." The TPC noted the following points and in consequence rejected the proposed rule changes: (1) The PHE provides for greater participation in the process by the patient. (2) The PHE reduces stress and anxiety at the hearing for the patient who will not need to be asked distressing questions. (3) The PHE allows the patient to talk about their situation privately to a person not involved in their detention. (4) The PHE allows for information missing from reports to be picked up. (5) The PHE is a lesser cost to the public purse than independent psychiatric reports. (6) The High Court has confirmed that there is no reason why the MM cannot carry out a PHE, provided the findings are disclosed at the outset of the hearing as they are currently. (7) Having a second medical opinion to assist the panel reduces the possibility of the wrong decision being made, thus reducing the risk to both the patient and the general public. (8) The system in England is not comparable to the Scottish system which operates in a fundamentally different way. (9) In Wales PHEs are carried out in every case and there are no current plans to alter that. (10) The outcome of MHTs cannot be measured by the numbers discharged but by whether the patient and their representative are satisfied that the case has been properly scrutinised with all relevant evidence before it. (11) Those who have their cases referred to the MHT are the most vulnerable members of society, often lacking the mental capacity to make an application to the MHT. (12) Disposals without a hearing would mean that the MHT panel would have evidence from only one party. (13) The MHT panel would not have adequate information to decide whether an oral hearing is appropriate. (14) There are a significant number of examples of MHTs reaching a decision on referred cases based on evidence that came out at the hearing and not contained in the reports.
2018-03-22 2018-06-10

Closed in 2017

     No results

Closed in 2016

Organisation Consultation Description Opened Closed
Organisation Consultation Description Opened Closed
College of Policing Consultation on police guidance for mental health "The College of Policing has published new draft national guidance clarifying the police's role in dealing with incidents involving people in mental health crisis.

"The draft Authorised Professional Practice (APP) is now open for consultation and sets out guidance for police officers and staff when investigating an offence or assisting people with mental health problems, learning disabilities and difficulties and other vulnerabilities."

2015-11-11 2016-01-01
Ministry of Justice Ministry of Justice, 'Transforming our justice system' (consultation from 15/9/16 to 27/10/16) The main proposal relevant to the MHT is an amendment (a) providing that a tribunal panel in the First-tier Tribunal is to consist of a single member unless otherwise determined by the Senior President of Tribunals, and (b) removing the existing requirement to consider the arrangements that were in place before the tribunal transferred into the unified system.

Consultation proposals

The following three principles and aims are taken from the first, overview chapter. (1) Proportionate: (a) More use of case officers for routine tasks, (b) More decisions made 'on the papers', (c) More virtual hearings, (d) More cases resolved out of court. (2) Accessible: (a) Putting probate applications online, (b) Managing divorce online, (c) Digitising applications for Lasting Powers of Attorney. (3) Just: (a) Provide a system that works for everyone, (b) Continue to ensure open justice. In relation to LPAs, it states: "Allowing people to make arrangements for a time in the future when they may not be able to make decisions by themselves is a helpful but often emotionally stressful process. Applications have been partially digitised since 2014, resulting in fewer application forms being returned because of errors. We will build on this by making the system fully digital to deliver a quicker service."

Chapters 2-5 relate to Criminal, Civil, Family, and Tribunals. The following are the aims in relation to tribunals: (a) Streamlining procedures and encouraging a balanced approach, (b) Digitising the Social Security and Child Support Tribunal, (c) Simplifying panel composition, (d) Reforming employment tribunals. In relation to panel composition it states: "Another factor in taking a balanced, tailored approach to tribunal cases is making sure the panels that make decisions in tribunals are designed to best suit the circumstances of the case. Most tribunals currently reflect historic arrangements that may be out of date and do not tailor the expertise of the panel according to the case. We propose to revise the current arrangements for setting panel composition to make sure that that appropriate expertise is focussed on those cases that need it. We would welcome views on how best to achieve this – more details are available later in Chapter 7.3."

Chapter 6 states that views are invited on three specific elements: (a) Assisted digital facilities, (b) Online conviction and statutory fixed fine, and (c) Panel composition in the tribunals.

The following are extracts from chapter 7.3: "As we streamline the tribunals system, we need to be more tailored and flexible in the way that non legal members are used. Panel composition will remain a matter for the Senior President of Tribunals (SPT), but we want to move away from a blanket approach of using non-legal members regardless of whether their specialist expertise and knowledge is relevant or required. Instead, they should only be part of the panel where their presence is relevant to the case. ... The terms of the First-tier Tribunal and Upper Tribunal (Composition of Tribunal) Order 2008 allow the SPT to set the composition of tribunal panels in the unified system via Practice Statements. ... Some change has already been introduced by way of revised Practice Statements, and has not been shown to have any negative effects on decisions. ... We therefore propose to amend the First-tier Tribunal and Upper Tribunal (Composition of Tribunal) Order 2008 to give the SPT greater freedom to adopt a more proportionate and flexible approach to panel composition, by: (a) Providing that a tribunal panel in the First-tier Tribunal is to consist of a single member unless otherwise determined by the SPT, and (b) Removing the existing requirement to consider the arrangements that were in place before the tribunal transferred into the unified system. ... The use of multiple panel members in the unified tribunals currently costs the taxpayer around £21m per year in fees alone, with daily fees for each member ranging from £200 - £500, plus additional costs for travel and subsistence, training, appraisal and general administration. By using NLMs in a more tailored, flexible way, we can make sure that more people in the tribunals will benefit from their specialist expertise and knowledge, while delivering better value for the taxpayer."

The questions in chapter 7.3 in relation to the last element are: (a) "Question 7: Do you agree that the SPT should be able to determine panel composition based on the changing needs of people using the tribunal system? Please state your reasons." (b) "Question 8: In order to assist the SPT to make sure that appropriate expertise is provided following the proposed reform, which factors do you think should be considered to determine whether multiple specialists are needed to hear individual cases? Please state your reasons and specify the jurisdictions and/or types of case to which these factors refer."

Government response

In the consultation document it was proposed to amend the First-tier Tribunal and Upper Tribunal (Composition of Tribunal) Order 2008 to give the Senior President of Tribunals (SPT) "greater freedom to adopt a more proportionate and flexible approach to panel composition", by (a) providing that a tribunal panel in the First-tier Tribunal is to consist of a single member unless otherwise determined by the SPT; and (b) removing the existing requirement to consider the arrangements that were in place before the tribunal transferred into the unified system.

Following the consultation, the government will proceed with proposal (b) as the existing requirement is "an unnecessary restriction to the SPT to base decisions on what is the most appropriate and proportionate approach", but will not proceed with proposal (a) because of concerns arising from "the assumption that this will apply in all cases" (although it appears that this concession is not intended to make any difference in practice). To this end, the Order will be amended so that that "the SPT may provide that a panel should consist of one, two or three members, as required, in order to determine the matters before the tribunal justly and fairly". The consultation response envisages that the SPT will consult with both the tribunal judiciary and wider stakeholders before making any changes to panel composition.

Links

2016-09-15 2016-10-27


See also