- Saturday 25 May 2013
- My Account
- Logout
- Register
- Login
- News
-
Voices
-
Find by writer
- Yasmin Alibhai-Brown
- Rebecca Armstrong
- Memphis Barker
- Terence Blacker
- Chris Blackhurst
- David Blanchflower
- Archie Bland
- Ian Burrell
- Andrew Buncombe
- Ben Chu
- Patrick Cockburn
- Laura Davis
- Mary Dejevsky
- Grace Dent
- Robert Fisk
- Andrew Grice
- Stefano Hatfield
- Philip Hensher
- Ian Herbert
- Howard Jacobson
- Ellen E Jones
- Alice Jones
- Owen Jones
- Simon Kelner
- Dominic Lawson
- Donald Macintyre
- Lisa Markwell
- Comment
- Campaigns
- Debate
- Editorials
- Letters
- IV Drip
- Archive
- Our Voices
- Commentators
- Columnists
- Democracy 2015
- IV Drip Archive
-
Find by writer
- Sport
- Tech
- Life
- Property
- Arts & Ents
- Travel
- Money
- IndyBest
- Blogs
- Student
Wednesday 28 September 2011
Jerome Taylor: A legal milestone as tribunal doors opened for first time
The hallways outside the tribunal courts off Chancery Lane are a busy place, teeming with lawyers. The bread and butter of Field House is asylum tribunals. But yesterday Field House was also the location for a legal milestone in a separate, and usually much more closed, area of British law.
In Court One, the first ever mental health tribunal to be heard in public was under way. The hearing, which continues today, has been called to decide whether Albert Haines, a 52-year-old inmate at Broadmoor Hospital, should be released.
As the three judges filed into the room, Mr Haines sat motionless on the front bench, next to his lawyer Kate Luscombe. Two burly males nurses from Broadmoor, their belts equipped with restraining equipment, sat behind, struggling to contain the odd yawn.
Across the UK more than 25,000 tribunal decisions are made every year and, until now, every single one has been made behind closed doors. There is usually good reason for this. In order to reach their conclusions, tribunal judges must seek testimony and statements from a patient's doctors. The consensus is that such details are confidential. But what happens when someone who is detained under the Mental Health Act – but retains the capacity to make their own decisions about their life – chooses to waive that confidentiality? Two years ago Mr Haines began a legal campaign to do just that. Broadmoor resisted, fearing that an open tribunal would place undue stress on their patient and would be prohibitively expensive.
The case went to the Upper Tribunal who ruled in February that an open hearing should take place. They even insisted that Mr Haines should be able to attend the hearing in person and that members of the public should also be allowed in. The result is a legal first where members of the public finally get a glimpse of how tribunals make their difficult and often controversial decisions.
It is unlikely, however, that many will follow in Mr Haines's footsteps. In the past seven years there have only been 10 applications for an open tribunal and only one was granted. That request was later withdrawn. But the precedent has now been set. Should someone want an open hearing – and have the capacity to make that decision – there is no legal reason why it should not now be granted.
-
This week's big questions: How best to react to Woolwich? Has Miliband got what it takes? And is Stephen King right about ebooks?
Ian Rankin -
What, let gays get married? We must be bonkers
Mark Steel -
The Daily Cartoon
-
The dark side of Dubai
-
Woolwich attack: The EDL will seek to exploit this evil crime for their own evil ends
Jamie Lewis
Get your summer started with British Military Fitness
BMF is the UK’s biggest and best loved outdoor fitness classes
Visit York
Find out what The Independent's resident travel expert has to say about one of the most beautiful small cities in the world
Making reading fun for kids
Nook is donating eReaders to volunteers at high-need schools and participating in exclusive events throughout the campaign.
Introducing the 'Get Reading' campaign
Get the latest on The Evening Standard's campaign to get London's children reading.
Enter the latest Independent competitions
Win anything from gadgets to five-star holidays on our competitions and offers page.
Business videos from commercial thought leaders
Watch the best in the business world give their insights into the world of business.
Jerome Taylor
Get the best in opinion from Independent Voices, straight to your inbox every Thursday lunchtime.
Subscribe
Amol Rajan
A weekly update from the Editor
Day In a Page
Johnny Marr talks relationships and reunions
In pictures: After the flood
Death becomes her: A very modern mortician
School of chop: Learning the art of butchery
The man who's eaten everywhere
A Berliner in 1963 – but did John F Kennedy once admire Adolf Hitler?