News and Updates

News

Safety and security in hospitals and trusts

This an update on our work on safety and security.

Following the changes introduced last week we have seen an increased number of responses from
Responsible Authorities signing up to the minimum standards. We continue to work
with the rest of the Responsible Authorities who have not yet signed to understand why
they are unable to do so and what steps they can take moving forward to ensure the
safety of those attending tribunal hearings at their venues.

After much consideration we have decided that if the patient requests a face-to-face
hearing, we will list a face-to-face hearing supported by new directions which will be issued by the judiciary.

Face to face hearings temporarily suspended in some Mental Health Hospitals and Trusts

Following some national security concerns, His Majesty’s Courts and Tribunals Service
(HMCTS) has been reviewing safety measures across the courts and tribunals estate and
where judicial hearings take place. This includes the hospital and trust premises where
HMCTS hold mental health hearings. To this end, HMCTS has written to some 820+ MH
hearing venues asking them to confirm that the rooms we use on their premises comply
with the minimum safety and security requirements and published guidance for tribunal
hearings.

While the survey is ongoing, HMCTS has taken the difficult decision to suspend face to face hearings at
those venues that are not compliant with minimum safety standards or have not replied
to say they are, until HMCTS has a clearer picture of what the issue is for each hospital
and how quickly HMCTS can resolve it.

At venues where the safety of panel members has not been confirmed, cases will be listed
as ‘Video Hearing Only’ for the time being, (unless there is a particular medical or other
reason that the patient cannot have a VH hearing, in which case the representative
should apply and the matter will be referred to a DTJ to give listing directions.)

In those venues that are compliant, patients shall continue to be able to opt for face to
face or video hearings. This list will be added to by HMCTS regularly once safety and
security standards have been met.

The proposed listing regime will come into effect from Monday 8 April 2024.

Fee-paid Specialist Members, Mental Health, pre-application seminar 2024

The Judicial Appointments Commission (JAC) will be launching a selection exercise on 23 April 2024 to recruit 50 Fee-paid Specialist Lay Members assigned to the First-tier Tribunal, HESC (Mental Health). For those interested in applying for the role, the Judicial Office is organising a pre-application seminar via Microsoft Teams on Monday 8 April (5-6 pm). For more information see the general news page.

Presidential Guidance: Recording of Hearings and Transcription of recordings in HESC, Note No 3 of 2023

This Presidential Guidance on Recording of Hearings and Transcription of recordings in HESC comes into effect from 15 January 2024. It revises and replaces Presidential Guidance Note No 1 of 2023 on Recording of Hearings in the Health, Education and Social Care Chamber and Transcription of Recordings, dated 1 February 2023.

Practice Guidance: Procedure for handling representations from victims in the Mental Health jurisdiction (HESC)

President of HESC issues new guidance on open justice and victims of criminal offending in the Mental Health jurisdiction.

Tribunal Quarterly Statistics published

In the SEND jurisdiction, the statistics show that for the school year 2021/22 11,052 EHCP related appeals were registered with HESC, compared to 8579 the previous year and 7,002 in 2018/19 – the last, full school year before the pandemic.

You can access the Tribunal Quarterly Statistics here.

HESC Judge joins Lord Chief Justice to promote judicial outreach in schools

The Lord Chief Justice of England and Wales visited The One Sixth Form College in Ipswich to give the pupils a chance to hear about the work of judges, the justice system and the rule of law. He was accompanied by Judge Jane McConnell, a Special Educational Needs Judge based in the Health, Education and Social Care Chamber.

HESC Presidential Guidance Note No1 of 2022: Taking oral evidence from abroad and representatives and observers appearing from abroad

Please read this guidance issued by Health, Education and Social Care Chamber President Judge Mark Sutherland Williams

New Publication – Disabled Children and the Equality Act 2010: Guide for Teachers

A new publication by the Council for Disabled Children has been produced aiming to explain to teachers their duties to disabled pupils under the Equality Act 2010 in an accessible way. Although it is published in conjunction with the DfE, it does not have any particular status before the Tribunal. Here is the publication: Disabled Children and the Equality Act 2010 – Guide for Teachers

HESC Diversity and Inclusion Committee hosts careers event

On 12 May 2022, a number of judges from HESC provided an overview of their legal careers with a view to encouraging a range of solicitors to consider applying for judicial posts in the future. There were judges from both mental health and SEND who provided an overview of their career path into the law and who shared tips on the qualities that one needed to become a judge as well as the need for evidence based examples. They were able to provide a diverse range of personal experiences about how they got into law and the judiciary. This pilot event aimed to demystify the judiciary and was attended by over 100 solicitors who work in HESC and there were a range of questions from representatives about how they might become judges in the future. HESC intends to run similar events in the future and in due course will extend this to non-legal members.

Chamber President and Chief Medical Member to speak at the International Congress of the Royal College of Psychiatrists

The Chamber President and the Chief Medical Member, Dr Joan Rutherford, will speak at the International Congress of the Royal College of Psychiatrists in Edinburgh this year.

Session title: Understanding the Family Court if you’re not an expert witness – a session for clinicians of all grades

Time: 10.30-11.45am
Date: Wednesday 22 June 2022

You can find the full programme online.

Mental Health: Ombudsman Guidance on s117 aftercare

The Parliamentary and Health Service Ombudsman (PHSO) and the Local Government and Social Care Ombudsman (LGSCO) have released new guidance to tackle common and repeated mistakes seen in the aftercare of patients receiving support under the Mental Health Act. The guidance highlights the need for effective and timely joint working between local authorities and NHS clinical commissioning groups.

Deputy Chamber President to speak at International Conference

Judge Tudur will be taking part in the Inaugural Tribunals Conference ‘Advancing Access to Justice through a Quality Tribunals System’, being held (remotely) from Singapore. She will be speaking on the important subject of the Tribunals Reform of 2008 and the Technology-based Reform of 2020 in the United Kingdom.

Further details may be found online.

New judicial appointments

Judge Lawrence Ford has been appointed as a Judge of the First-tier Tribunal by the Senior President of Tribunals, the Right Honourable Sir Keith Lindblom.

The Senior President of Tribunals has assigned him to the Health, Education and Social Care Chamber to exercise the Special Educational Needs and Disability, Care Standards and Primary Health Lists jurisdictions within that Chamber with effect from 7 June 2021.

Judge Ford was admitted to the Roll in 1987. He was appointed as a fee-paid Judge of the First-tier Tribunal, assigned to the Social Entitlement Chamber in 2013. He was also assigned to the Health, Education and Social Care Chamber in 2017.

Judge Elisabeth Bussey-Jones has been appointed as a Judge of the First-tier Tribunal by the Senior President of Tribunals, the Right Honourable Sir Keith Lindblom.

The Senior President of Tribunals has assigned her to the Health, Education and Social Care Chamber to exercise the Mental Health Jurisdiction within that Chamber with effect from 7 June 2021.

Judge Bussey-Jones was called to the Bar (Inner Temple) in 1997. She was appointed as a Recorder in 2016 and as a Deputy District Judge in 2015. She was also appointed as a fee-paid Judge of the First-tier Tribunal, assigned to the Health, Education and Social Care Chamber in 2018.

Judge Jo Boylan-Kemp MBE has been appointed as a Judge of the First-tier Tribunal by the Senior President of Tribunals, the Right Honourable Sir Keith Lindblom.

The Senior President of Tribunals has assigned her to the Health, Education and Social Care Chamber to exercise the Mental Health Jurisdiction within that Chamber, with effect from 17 May 2021.

Judge Boylan-Kemp MBE was called to the Bar (Lincoln’s Inn) in 2003. She was appointed as a fee-paid Judge of the First-tier Tribunal assigned to the Social Entitlement Chamber in 2013, and in the Immigration and Asylum Chamber in 2014. She was also appointed to the Health, Education and Social Care Chamber in 2018.