Articles for tag: detention, duties, expert, expert witness, GMC, law, liberty, MHA, professional witness, standards, tribunal

Misleading a Tribunal: Legal, Ethical and Clinical Lessons from JB v Elysium Healthcare

The decision in JB v Elysium Healthcare & Secretary of State for Justice [2025] UKUT 9 (AAC) highlights the serious consequences that can follow when inaccurate and misleading evidence is presented in Mental Health Tribunal proceedings. The case raises important considerations for psychiatrists, legal representatives, and Tribunal members alike—particularly regarding the interpretation of “appropriate treatment” and the threshold for determining that such treatment is available. JB detained under the MHA 1983, challenged the First-tier Tribunal’s (FTT) decision to uphold his ...

Paragraph 98 and remote consultations

This blog has considered a number of issues relevant to prescribing of medications. Paragraph 98 in the 2022 version, is one of the most powerful. It is squarely designed to protect patients. The paragraph numbers may have changed in the 2024 version but the thrust of the guidance remains essentially the same. You are responsible for any prescription you sign, including repeat prescriptions for medicines initiated by colleagues, so you must make sure that any repeat prescription you sign is ...

Risk – how is that to be managed?

Psychiatry is full of risks. Without delay here is a short incomplete list: The context of this post is about risks managed in mental health services. Some of the ideas here may inspire deeper thought in other circles. For a sound overview start with Risk Management @ Wikipedia. For quick preview scroll down now to the video (and rewind it if necessary). This article is original thinking based on experience and the background knowledge from other sources. Basic literacy on ...