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Original papers:
Dhananjay Kumar Singh and Joanna Moncrieff
Trends in mental health review tribunal and hospital managers’ hearings in north-east London 1997-2007
Psychiatr Bull 2009; 33: 15-17 [Abstract] [Full text] [PDF]
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[Read eLetter] Chance of success is irrelevant
Ahmed S Huda   (1 February 2009)

Chance of success is irrelevant 1 February 2009
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Ahmed S Huda,
Consultant Psychiatrist, Early Intervention Team
Pennine Care NHS Foundation Trust

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Re: Chance of success is irrelevant

ahmed.huda{at}penninecare.nhs.uk Ahmed S Huda

At the conclusion of their article the authors state that patients should be told of the chances of an appeal being succesful (about 12%). This assertion is fraught with difficulty. If this informtion is handled badly it may feel to the patient that you are trying to intimidate them out of appealing. It is like saying: "You can appeal if you want old boy but your chances are only one in 8." Many patients already labour under the misapprenhension that if they appeal they will only make things worse for themselves and this fear will only increase if you glibly tell them of the low odds of sucess. I alway try to emphasise to patients that they should appeal as it is their right and it will not affect their care. I would recommend that this type of information would best be provided by the patient's solicitor as part of their discussions with the client as to their instructions. Their solicitor will appear a more neutral person to impart this information than the doctor who has them compulsorily detained. Appealing for release from the Section is the patient's right not a treatment decision based on evidence such as which medication or therapy to advise. As such, discussions about its' success rate, if at all, should be with their solicitor.