As part of a joint pilot project, the Care Quality Commission and Administrative Justice and Tribunals Council have produced a report in relation to patient’s views on the tribunal system.
They have found that patients’ experiences of tribunals were diverse, ranging from positive to strongly negative.
Patients who received a positive outcome from the tribunal were, unsurprisingly, more positive about the system than others. Delays are a substantial factor in relation to negative experiences, together with a lack of information about timescales.
The report also concludes that patients themselves are not always well placed to ensure that their lawyer is providing a good standard of advice and representation. The way in which pre-hearing medical examinations are carried out was also found to be variable.
A significant majority of patients felt that they were not given enough opportunity to be heard and were poorly informed of any further right to appeal.
The report makes a number of recommendations which are relevant to hospital managers and staff, including responsible clinicians, as well as the Tribunals Service.
If you would like any advice in respect of forthcoming tribunals please do not hesitate to contact us. We also offer training for staff in relation to First Tier Tribunals in order to ensure that obligations are met and that staff are aware.