ABSTRACT
This chapter presents research that examines the present mental health review tribunal in England. It explores the views of patients who have appeared before the tribunal and the views of tribunal members. Pilot interviews were conducted for 11 patients and five tribunal members. For patients, the interview began by asking them to describe their recent tribunal experience; for tribunal members, they were asked to describe a tribunal hearing. Patients and members demonstrated a number of differences in how they viewed the tribunal procedure. Several key themes were described and demonstrated by patients. These include: confusion; distress; powerlessness; dissatisfaction with the tribunal procedure; and communication difficulties. The chapter represents statements that were administered to members and patients during the study conducted in 1998. Therapeutic jurisprudence can provide a valuable framework for reviewing tribunal procedures. These therapeutic skills may help the tribunal panel to obtain an accurate picture of the patient and help provide a thorough assessment of their mental health.
