Why be a mental health tribunal doctor?

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Doreen Ferguson
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1 Why be a mental health tribunal doctor? 24 th June 2015 Dr Joan Rutherford Chief Medical Member FTT- Mental Health 1

2 Reasons to be 1. Use your skills 2. Prevent burnout 3. Earn money 4. See the view from the other side of the table 2

3 Reasons to be 1. Use your skills In the specific role of a Tribunal doctor. 2. Prevent burnout visit other units, meet interesting patients, for whom you are NOT clinically responsible, work as part of a team. 3. Earn money 469 per hearing day per pre-hearing exam (when done) to attend training! (& CPD) 4. See the view from the Tribunal rules/case Law other side of the table 3

4 Purpose of role 1. Give Specialist information to the Tribunal regarding statutory criteria Using information from the reports and if PHE done: info from MDT notes and from patient interview 2. Opinion on capacity if patient not represented - timing 3. Guide Tribunal on order of evidence and communication especially if agitated patient, CAMHS, cognitively impaired, Learning Disability- and if no pre-hearing exam 4. Identify medical issues 5. Reminder of current clinical climate..cqc report Feb Family /NR attending? 7. Safety of room 8. Thoughts on giving decision.. Use of Rule 34 checklist 4

5 What are the JAC requirements to apply to be a Tribunal Doctor? 1. Registered medical practitioner 2. MUST have held a full-time or part-time appointment as a Consultant Psychiatrist for at least three years one of which should normally be within the last five years can be long term locum. 3. Age 65 or less at time of application (so can offer at least 5 years of service) 4. Have membership of the Royal College of Psychiatrists at any of the following levels: - Member - Fellow - Specialist Associate (not Associate Specialist/SAS Dr) 5. Unconditional Registration with GMC You are NOT required to have a Licence to Practice (Stat Instrument 2009) 6. Be able to offer (currently) 20 days per year and attend 2 training days 5

6 If accepted, what type of hearings will I sit on? 1. All types. 2. Two groups of patients have specific panels: Restricted patients (RPP) and Child and Adolescent patients. Judges for RPP have specific training CAMHS patients have a specially trained CAMHS panel member. 6

7 What is the workload? FTT Section 2 appeals CTO Restricted Section 3, Section 37 31,000 requests per year 29% (and rising) 11% (variable? Levelling?) 10% (stable) 50% (slight reduction) PHE exams are requested on approx 30% of cases but varies (all S2 require PHE) PHE can be done on the day for Section 2, and CTO patients, and Conditionally discharged patients by arrangement All others must be done on a separate day 7

8 What induction training is provided? 1. Two day Medical Members Induction. Residential. Preinduction e-learning and reading. 2. Three observations of tribunal hearings 3. A mentor for one year 4. An on-line discussion forum for MMs who have just been inducted for 3 months 8

9 What on-going training is provided? 1. Two days mandatory (paid/cpd) training per year attended by all tribunal members 2. Information circulated about any case law 3. e-learning for new legislation e.g. Code of Practice e- learning produced for May Observed appraisal at a hearing with feedback 9

10 Is there other support? 1. Your other 2 panel members 2. Liaison Salaried Tribunal Judges (STJ) 3. Chief Medical Member and Deputy Chief Medical Member 4. Website with information, guidance, case law, training 5. MM meetings 6. Tribunal Members Association 10

11 Considering my career plans, when should I apply? 1. If you are still working (NHS/Independent), make sure you can offer 20 days per year NB ALLOW TIME FOR PHEs 2. Process from advertising to completing observations/induction is about one year 3. Recruitments have been held in 2010, 2012, 2013, Next round begins late Summer 2015; further recruitment is likely in 2016 and

12 3. How do I apply? Register an interest on Judicial Appointments Commission website You will then be sent an alert when the process begins Application: 2 stage 1. Submit CV information on specific form with references (screening so take care) 2. Selection exercise: role play and then focussed interview (on same day) Interviewers are JAC commissioners and Tribunal Members 12

13 3. Any tips on applying? 1. Read case study: 2. Talk to other colleagues who are tribunal doctors 3. Prepare your CV carefully 13

14 FAQs Q. Can I offer half days? A. NO. You must be available for all of each day you offer. You are paid per day Q. If 20 is the minimum sitting days that I must offer, is there a maximum? A. No. But be aware of the demands of PHE (if not Section 2 or CTO, must be done on a different day to the hearing day Q. Will I get cancellation fees if the patient withdraws from the hearing? A. Yes. Fees guidance document.. 14

15 FAQs Q. Will I be employed and so get a pension? A. No. You re contracted; [O Brien case] Q. I m not a Forensic Psychiatrist - will that be a problem for restricted cases? A. No. There is training at Induction. And you will sit on 10 non restricted cases before being allocated a restricted case. Q. If I don t have to have a LtP, but wish to keep it, can I? A. Yes providing you are willing to fund. Chief medical Member is Suitable Person RO equivalent. You will need to fund all costs of medical appraisal, MSF, travelling to Peer groups 15

16 FAQs Q. What is the retirement age? A. 70 years Q. Will I be able to sit on hearings in my own Trust? A. Conflict of interest guidance is available. Ask if in any doubt. If working.. Retired SOAD. Independent reports.. 16

17 FAQs Q. I am employed in an NHS Trust/Independent Sector. Can I use tribunal training towards my medical appraisal and revalidation? A. Yes. Ask for a Whole practice letter Tribunal training qualifies for CPD. Tribunal appraisal is equivalent to a Case Based Discussion and can count as quality improvement. 17

18 More questions please 18

APPROVAL UNDER SECTION 12(2) MENTAL HEALTH ACT 1983 THE NATIONAL CRITERIA FOR ENGLAND. Revised October 2009 by the National Reference Group

APPROVAL UNDER SECTION 12(2) MENTAL HEALTH ACT 1983 1. INTRODUCTION THE NATIONAL CRITERIA FOR ENGLAND Revised October 2009 by the National Reference Group 1.1 Section 12(2) of the Mental Health Act 1983