Lacking Insight - Community Law

Part 3 > The Involuntary Patient ExperienceDid you request a Statement of Reasons fromthe Board?No, I didn’t realise.Did you get one?I don’t remember anything like that, I wasn’t givenany of that, because I would take that with meand know what is really going on.CM - ConsumerSimilarly, people reported having little or noknowledge about the appeals process. It is animportant aspect of all courts and tribunals that theirdecisions are open to the scrutiny of review.Rituals of a HearingRituals in a legal setting establish authority andpower. The rituals that take place in a court signalto people the importance of the proceedings, thehierarchy of those involved, and demand adherenceto the rules and findings of the court. Elements thatconstitute the ritual of a Board hearing include allthe events that take place before, during and after ahearing, the manner in which they occur, the orderin which they occur, and the venue where they takeplace (Tait, 2003). As occurs with any other tribunal,the Board has developed ways in which it conductsitself that have come about either out of necessity orhabit. Of particular concern to consumers is the waythe tribunal space is ‘used’ and ‘owned’, and theorder of the speakers who appear at the hearing.An overpowering,oppositional settingConsumers wait outside the hearing room untilBoard members are ready to receive them. TheBoard is already seated in the hearing room. Forconsumers this contributes to the feeling thatthey are entering a space that ‘belongs’ to themembers. This gives people the impression that theycommence the hearing already ‘on the defensive’ orat a disadvantage. Sometimes introductions are notoffered by Board members, which further diminishesthe consumer’s sense of belonging and ability tocomprehend proceedings.“You open the doorand walk in and all ofa sudden you are inthe hands of peopleasking you a heap ofquestions. [Then] theysend you on your way,you know, you feeltotally frustrated.”CM - ConsumerPhysically when you walk in there it’s like walkinginto a little court room. You have got the three ofthem sitting there very big, authoritative, and youare sort of sitting about a couple of metres backfrom them and you are the focus and it isvery intimidating.. . . It could be a lot kinder I think, almostimmediately you feel that you have done somethingwrong and they’re here to judge it.CM - Consumer49