The Law Society has published an updated practice note for lawyers who advise and represent patients at mental health tribunals. It includes relevant case law and covers client capacity, good tribunal practice, duties to clients and representing children and young people.

Rather worryingly, the guidance says that those representing patients should act on their client’s instructions even if doing so is not in their best clinical interests. This is because they are concerned with their client’s best legal interests. See paragraph 5.2.1. Clinical teams caring for patients will be concerned with this approach.