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9 What will happen at the Tribunal hearing?
On the day the Tribunal clerk will show you where the waiting room, hearing room and other facilities are.
The convenor of the Tribunal will explain the rules about the hearing, why it is taking place and what will happen. The Tribunal aims to respond to the needs of patients and where possible, it will try to make proceedings as accessible and informal as they can.
During the course of a hearing people involved in your care and treatment may be entitled to make their views known and present information relevant to your case to the panel.
The Tribunal panel will read, listen to and discuss information that is relevant to your case. If the hearing is about an application for a CTO the papers will include reports from two doctors and from your MHO. For other hearings the papers will usually include a report from your RMO and sometimes a report from your MHO. The Tribunal panel will listen to what everyone, including you, has to say about your case. The panel will try to reach a decision on the day of your hearing. If a decision cannot be made, the hearing will carry on at a later date. In some circumstances an interim order can be made to ensure that you get the care and treatment you need until a final order is put in place.
The panel may let you know its decision at the end of your hearing, or may send its decision to you in writing after the hearing. The panel will also let the parties and any relevant people identified by the panel know about their decision. A copy of the decision will also be sent to the Mental Welfare Commission. If your case has come to the Tribunal through the court system, a copy of the decision will also be sent to the court.
Named person
Your named person can apply independently to the Tribunal for a review of your case on your behalf, and should be entitled to free legal advice and assistance to help with this.
Legal representation
You and your named person can ask for legal representation and you should get legal aid for this. This will be arranged by your solicitor.
Curator ad litem
In some circumstances, the Tribunal may appoint a curator ad litem to represent your interests in the proceedings. This might be where you don't have the capacity to instruct your own solicitor, or don't have anyone else who can represent your interests.
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