Lack of challenge to substantive criteria at mental health tribunals: Amplifying the medical perspective?

Mental health tribunals provide legal safeguards for compulsory treatment for mental illness. Despite one of these tribunals' purposes being to give people subject to compulsory treatment a "day in court", research has shown that individuals' experience of mental health tribunals is highly negative. To understand these negative experiences, we conducted a multi-stakeholder study of the Consent and Capacity Board, a mental health tribunal in Ontario, Canada. Our research revealed that disputes in the hearings tended to focus on procedural requirements of the compulsory treatment orders, and although substantive legal criteria were addressed, the medical conclusions underlying those criteria were not directly challenged. Further, in cases where a client "wins" and the treatment order is revoked, our analysis shows the medical perspective remained authoritative. Finally, although people subject to treatment orders were given a chance to speak at hearings, in most cases theirs was the only voice challenging the psychiatrist's medical conclusions, and their contribution would usually only lessen the chance of the order being revoked. Therefore, we argue that rather than challenging medical decision-making, as may be expected, tribunal hearings unintentionally amplify the medical perspective in a manner that is likely to be upsetting for people subject to the treatment orders. We acknowledge that this effect is ingrained in the current system and will be challenging to ameliorate. Nonetheless, it is an important consideration for those in legal and clinical practice, and policy makers. We give some suggestions about how these experiences could be improved and for further research opportunities.

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Publication Details

Journal
International Journal of Law and Psychiatry
Published
2025-11-25
DOI
https://doi.org/10.1016/j.ijlp.2025.102166
Primary Topic
Healthcare Decision-Making and Restraints
Type
article
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article

Lack of challenge to substantive criteria at mental health tribunals: Amplifying the medical perspective?

Jean‐Laurent Domingue, Amélie Perron, Sam Boyle, Fiona Jäger
International Journal of Law and Psychiatry
Healthcare Decision-Making and Restraints
article

Lack of challenge to substantive criteria at mental health tribunals: Amplifying the medical perspective?

Jean‐Laurent Domingue, Amélie Perron, Sam Boyle, Fiona Jäger
article en

Abstract

Mental health tribunals provide legal safeguards for compulsory treatment for mental illness. Despite one of these tribunals' purposes being to give people subject to compulsory treatment a "day in court", research has shown that individuals' experience of mental health tribunals is highly negative. To understand these negative experiences, we conducted a multi-stakeholder study of the Consent and Capacity Board, a mental health tribunal in Ontario, Canada. Our research revealed that disputes in the hearings tended to focus on procedural requirements of the compulsory treatment orders, and although substantive legal criteria were addressed, the medical conclusions underlying those criteria were not directly challenged. Further, in cases where a client "wins" and the treatment order is revoked, our analysis shows the medical perspective remained authoritative. Finally, although people subject to treatment orders were given a chance to speak at hearings, in most cases theirs was the only voice challenging the psychiatrist's medical conclusions, and their contribution would usually only lessen the chance of the order being revoked. Therefore, we argue that rather than challenging medical decision-making, as may be expected, tribunal hearings unintentionally amplify the medical perspective in a manner that is likely to be upsetting for people subject to the treatment orders. We acknowledge that this effect is ingrained in the current system and will be challenging to ameliorate. Nonetheless, it is an important consideration for those in legal and clinical practice, and policy makers. We give some suggestions about how these experiences could be improved and for further research opportunities.

International Journal of Law and PsychiatryVol. 105
University of Ottawa (CA), Queensland University of Technology (AU), St. Lawrence College (CA)
Openalex Percentile: Top 51%
Healthcare Decision-Making and Restraints
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