Practice Statement: Composition of Tribunals in relation to matters that fall to be decided by the Health, Education and Social Care Chamber on or after 18/1/10
This Practice Statement sets out the composition of Tribunals required for the taking of various decisions.
This Practice Statement is made under the First-tier Tribunal and Upper Tribunal (Composition of Tribunal) Order 2008.
The Practice Statement (relevant extracts)
MENTAL HEALTH CASE
4. A decision that disposes of proceedings or determines a preliminary issue made at, or following, a hearing must be made by:-
- a. One judge; and
- b. One other member who is a registered medical practitioner; and
- c. One othe rmember who has substantial experience of health, or social care matters.
5. In rule 34 (medical examination of the patient) of the 2008 Rules "an appropriate member of the Tribunal" is the other member who is a registered medical practitioner.
8. Where the Tribunal is constituted under paragraph 3, 5 or 6 [typo in original?] the "presiding member" for the purposes of article 7 of the 2008 Order will be the judge. Where the Tribunal is constituted under paragraph 7(b) which judge is to be the "presiding member" will be determined by the Chamber President.
9. Where the Tribunal has given a decision that disposes of proceedings ("the substantive decision"), any matter decided under, or in accordance with, Rule 5(3)(l) or Part 5 of the 2008 Rules or section 9 of the Tribunals, Courts and Enforcement Act 2007 must be decided by one judge, unless the Chamber President considers it appropriate that it is decided either by:-
- a. the same members of the Tribunal as gave the substantive decision; or
- b. a Tribunal, constituted in accordance with paragraph 3, 5, or 6, comprised of different members of the Tribunal to that which gave the substantive decision.
10. Any other decision, including striking out a case under Rule 8 of the 2008 Rules (except at, or following, a hearing) or giving directions under Rule 5 of the 2008 Rules (whether or not at a hearing) must be made by:-
- a. One judge.
LORD JUSTICE CARNWATH SENIOR PRESIDENT OF TRIBUNALS DATE 16 December 2009