Professional Values and Mental Health Tribunals: How Healthcare Professionals’ and Lawyers’ Views Are Shaped by Values, and How This Might Impede Reform

Abstract

Most countries that provide for compulsory treatment for mental illness have a system by which this treatment is subject to independent legal oversight. Many countries use a special type of legal body for this purpose, called a mental health tribunal. Mental health tribunals have been subject to criticism from the points of view of both legal professionals and mental healthcare practitioners. Similar themes have manifested in these criticisms and have been consistent across several decades; legal professionals tend to focus on the tribunals being biased toward the medical opinion, and acting as a ‘rubber stamp’, whereas healthcare practitioners tend to focus on the adversarial nature of the trial, and the adverse effect that this can have on clients. However, empirical studies of the tribunals have not separated and directly compared these perspectives. This study aimed to explore this dynamic between lawyers’ views and healthcare practitioners’ views of mental health tribunals. We used thematic analysis to re-analyse data from two previous research studies, one which looked at lawyers’ views of the tribunals, and one which looked at healthcare practitioners’ views. Our results are divided into three themes: views of the problems with tribunals, professional roles in relationship to the tribunals and professional values demonstrated through these views and roles. We then consider if the ‘clash of values’ represented by these findings, and found in the literature, may pose an impediment to tribunal reform. Identifying and exploring this barrier is an important step to moving beyond critique to reform.