New Year legal health check
THB Solicitors urges families to start the New Year with a legal health check...- 20 December 2024
The Hospital Managers are completely independent from the hospital. A person can appeal to the Hospital Managers at any time and without limit to the number of appeals, at the discretion of the Hospital Managers.
The hearing would be before managers appointed by the hospital, there must be at least there members and decisions must be made unanimously if there are three members or by majority if there are more than three members. Hospital Mangers are not lawyers, nor are they medically qualified. Their duty is to listen to all evidence put before them and then reach a decision as to whether your section should remain in force or whether you should be discharged.
The Hospital Managers have the power to discharge certain patients, but if they do not do so, they can make non-binding recommendations that will be noted by the professionals involved.
In forensic restricted cases the Hospital Managers do not have the power to discharge the section but they can recommend discharge to the MOJ.
Prior to the hearing the clinical team (RC, Nurse and Care-Coordinator) will be asked to prepare a report detailing why/ whether they believe the criteria for detention is made out. The persons Solicitor will discuss the reports with them prior to the hearing and make a note of any areas of disagreement.
The Hospital Managers will hear evidence from the clinical team and from the detained person (should they attend the hearing). The Solicitor will ask questions on behalf of the person and put their case forward by way of cross-examination and in opening and closing submissions.
The Hospital Managers will then make a decision which will be communicated to all parties on the same date.
- 20 December 2024
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