In the Matter Of RS (Mental Health)

This case involves an application for an assessment order and a psychiatric treatment order in relation to a respondent, RS, under the Mental Health (Treatment and Care) Act 1994. RS had initially failed to attend for an assessment as directed by an assessment order. Subsequently, a removal order was made to transport RS to a hospital for an assessment. However, RS's involuntary detention and care were later revoked as it was determined that he no longer required involuntary treatment. The delegate conducted an assessment and prepared a report, which RS's legal representative argued should be excluded from the tribunal's consideration on the grounds that the assessment was conducted without legislative authority. The tribunal was required to decide whether the report should be excluded and if so, on what grounds.

The tribunal considered two main issues. First, whether the delegate's report should be excluded on the basis that the assessment was conducted without legislative authority. Second, whether the report should be excluded pursuant to section 138 of the Evidence Act 2011. The tribunal examined the statutory time limits for assessment orders and removal orders, concluding that the Second Assessment Order had expired before the application for extension was made, thus the delegate's authority to assess RS was no longer valid from 13 July 2015. The tribunal found that the assessment was conducted without legislative authority from 28 July 2015, the date the delegate conducted the assessment, until RS was discharged on 27 July 2015. The tribunal also noted that while the report was highly probative and relevant to the proceedings, the circumstances in which the evidence was obtained rendered its admission unfair under the principles of procedural fairness.

The tribunal concluded that the delegate's report should be excluded from consideration by the tribunal. The exclusion was based on the ground that the report was obtained without legislative authority, violating RS's rights under article 9 of the International Covenant on Civil and Political Rights. The tribunal did not find it necessary to exclude the report under section 138 of the Evidence Act, as the decision to exclude was based on the principles of procedural fairness and human rights compliance. The tribunal emphasized the importance of adhering to statutory timeframes to ensure the integrity of the assessment process and to protect individuals' rights, even in therapeutic contexts.

The tribunal granted the respondent's application for interim orders to exclude the report of the delegate dated 11 August 2015 from consideration in the proceedings for a psychiatric treatment order. The application for a psychiatric treatment order was adjourned until 22 October 2015.