Lacking Insight - Community Law

Lacking Insight• Encouraging consumers to attend accompaniedby a support person or advocate (throughpromotional material available through clinics andinformation provided prior to a hearing);• Acknowledging that the rationale for involuntarydetention, on the day of the hearing, must bejustified by the treating team;• Actively testing and questioning the evidence ofthe treating team;• Ensuring that the evidence of the treating teamis examined, without prejudice, by carefulquestioning – e.g. (to reporting doctor) “Can youexplain why you think this person should be onan involuntary order?”• Ensuring in their interaction with the treatingteam they are professionally detached, not overlyfriendly and familiar;• Identifying conflict situations - e.g. is it appropriatefor the same Board to review an individualconsumer’s detention over and over again?• Ensuring that members of the treating team donot have any discussions or audience with theBoard in the absence of the consumer;• Making sure they ask for the consumer’s viewson key issues and seek expansion whereappropriate, and that they take notes of theconsumer’s evidence;• With the consumer’s permission, making activeinquiries where relevant of other parties suchas relatives or other people supporting theconsumer;• Only asking questions that are relevant to theBoard’s inquiry;• Clearly stating the decision at the end of thehearing - honestly and without disguising it inother closing remarks or social chat;• Clearly informing the consumer of their appealrights and their right to a statement of reasons;• Ensuring statements of reasons include referenceto views and facts contrary to those of the treatingteam and to positive evidence or observations.Access to information• When people are advised of their hearing datethey must also be advised they can access theirfile and assisted to contact the person who canarrange it;• The case manager should be required to tellthe person they can access the file and offer toarrange this;• Access should be available soon after notice ofthe hearing is given – not merely 24 hours beforethe hearing - and should never be on the sameday as the hearing;• Consumers should be offered a realistic periodof time to peruse their file, two hours beingthe minimum;• Consumers should be offered the opportunity toreturn and view the file again if required;• The process for exempting certain entries fromthe consumer and the appeal rights to accessexempted documents should be explained;• If the file or parts of the file are being withheld it isappropriate for the Board to adjourn the matterto give the consumer the opportunity to appointa representative to view these parts and to makesubmissions on his or her behalf;10