Guidance Materials

A Guide to Solution-Focused Hearings in the Mental Health Tribunal

A solution-focused approach aims to engage participants in hearings as active partners in the discussion and decision-making process of a court or tribunal. A solution-focused approach is therefore not about miscasting the Tribunal as the source of solutions, but rather about recognising that hearings can be conducted in a manner that facilitates participants in hearings discussing, identifying and committing to future actions or solutions. The Guide to Solution-focused Hearings in the Mental Health Tribunal in the Mental Health Tribunal provides comprehensive but accessible guidance on how the Mental Health Tribunal implements a solution-focused approach to conducting hearings under the Mental Health Act 2014.

The Tribunal has also released additional Chapters to the Guide on Solution-focused hearings for young people and Solution-focused hearings for older people. Drawing on the Tribunal’s experience and the invaluable input of stakeholders, these Chapters explore a framework of best practice for conducting hearings that maximise the participation of young and older people in Tribunal hearings and are sensitive to the particular issues that might arise for these groups of consumers. These Chapters will eventually be incorporated into the main guide and should be read in conjunction with that resource.

A Guide to Procedural Fairness in the Mental Health Tribunal

The Mental Health Act 2014 provides that the Mental Health Tribunal is bound the rules of procedural fairness. The Guide to Procedural Fairness in the Mental Health Tribunal  sets out the main rules of procedural fairness and how members can apply them in the context of Mental Health Tribunal hearings. It also contains guidance on how to deal with the most common potential issues related to procedural fairness that may arise in Tribunal hearings.