Lacking Insight - Community Law

Lacking Insightvery much, because they can also be involved[by] listening. It is about being attuned to thosesorts of things.Board Member (Legal)This need to maximise the opportunity for peopleto participate may, however, be undermined by theway some Board members act in a hearing. A legaladvocate describes one way in which the processof the Board undermines both the consumer’sunderstanding of the hearing and the ability to makea meaningful contribution to a hearing that is aboutthat person’s own life.I’ve actually had Boards say to me it’s our practiceto hear from the psychiatrist and ask somequestions and at the end if you wish to make anysubmissions you’ll have your opportunity then.And they don’t like you even assisting the clientwith so much as understanding a question forexample or referring to something that you mayhave explained to them during the course of theinterview before the hearing. They get really upset.Because I almost get this feeling that there’s somesort of idea that we lawyers are there to trick theBoard and to somehow tell this psychiatric patientwhat they need to say in order to look sane andthe Board will somehow be tricked into making thewrong decision.Legal RepresentativeAnd after a decision has been reached by the Board,how should it be conveyed to the consumer?When I know they will be very disappointed withthe outcome, it is about engaging the personand ensuring that they understand the decisionwe have reached. It is about encapsulating allthe evidence we have heard, what we havethought about, what was on the file, what thesubmissions were if the person was representedand, coming to the decision, [explaining] why wecame to that decision. I do think it works to givepositive feedback . . . while giving a decision:that the person has come a long way since theyfirst came into hospital and, particularly wherethey are getting good care, that the doctor hasperformed well in the hearing, the doctor has saidthese sorts of things, I hope they will happen,wish you well . . . those sorts of things . . . [canbe said to], surround the disappointment . . .Board Member (Legal)Rituals of a HearingUse of SpaceOne of the most talked about aspects of the hearingin terms of ritual is the issue of seating: who sitswhere and what effect this seating arrangement hason the hearing. Advocates are concerned that theconfiguration of the room may preclude conversationbetween the different parties, and thus impede the freeflow of information essential to a tribunal process.I actually almost think that the way that it’s [theroom] even just set up. So we all sit on oneside of the table, they all sit on the other side.The doctor doesn’t talk to the client, the doctortalks to the Board members. The lawyer talksto the Board members. The client talks to theBoard members. So there’s no actual interactionbetween the doctor and the client. Or thelawyer and the client. And I think that makes adifference. I don’t know if even just a round tablewould make a difference as opposed to how it’sset up. In terms of ritual, I think that thing aboutthe psychiatrist member and community memberalso interacting with the client is quite important.Legal Representative70