Articles for tag: caution, courts, doctors, GMC, hell, mental disorder, MPTS, patients, tribunal

Dr Neill Garrard: His Five Years of Hell

1. Introduction This article demonstrates my dislike of publishing in journals: no journal will allow such a deep dive into a single case. Is it necessary? Well, put yourself in Dr Garrard’s shoes and think again. You get sacked for two similar incidents with months between them in the absence of any hard evidence. The balance of probability means you did it – you’re sacked! This article may at first glance seem like nothing to do with psychiatry. Some want ...

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 ...

The Expert Witness Instruction Process

This article follows from and should be read in conjunction with The Privileges, Roles, and Duties of an Expert Witness for UK Psychiatrists – Investigative Psychiatry The process of instructing an expert witness in a legal matter can be divided into two key stages: the initial approach and the formal instruction. Understanding the purpose and content of each stage is crucial for both the instructing party and the expert, ensuring clarity, legal compliance, and a smooth working relationship. Instructions are ...

Mental Health Tribunals

This article provides a detailed explanation of Mental Health Tribunals (MHTs) within the context of the Mental Health Act (MHA) 1983 in England and Wales. The MHA 1983 (Amended 2007) provides the legal framework for the compulsory admission to hospital for treatment or assessment of individuals experiencing mental disorders that may pose a risk to their own health or safety, or the safety of others. The Mental Health Act Manual by Richard Jones is the best resource for information on ...

The Privileges, Roles, and Duties of an Expert Witness for UK Psychiatrists

Part 1: Defining the Role in Legal Proceedings Introduction The role of the expert witness is frequently misunderstood. Contrary to certain portrayals in American media, which often depict expert witnesses as partisan advocates, expert witnesses within the UK legal system bear an overriding duty to the court itself. This fundamental distinction is crucial for a comprehensive understanding of the function and obligations of expert witnesses within the UK legal framework. Expert witnesses are individuals possessing specialised knowledge and expertise within ...