黄色仓库

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RCPsych in Wales has welcomed the unanimous passage of the by Senedd Members, following serious concerns about the Tribunal’s capacity to operate effectively and within statutory timeframes.

The Emergency Bill was introduced on Tuesday 13 January after a technical issue was identified in the Mental Health Act 1983 which meant that medical members without a licence to practise could not continue to hear cases. Following identification of the issue, the President of the Tribunal determined that such members could no longer sit on panels.

While legally necessary, this decision had an immediate operational impact, significantly reducing the number of eligible medical members from 43 to 19 and placing the Tribunal’s ability to meet its statutory hearing times at serious risk.

The Bill therefore amends the Mental Health Act 1983 to enable GMC-registered doctors without a licence to practise to sit as medical members. The legislation also applies retrospectively to ensure legal certainty in respect of previous Tribunal decisions.

Scrutiny of the legislation took place over 48-hours, with all stages completed by Wednesday 14 January. RCPsych in Wales supported the Bill, recognising that prompt legislative action was necessary to safeguard patient safety and the effective operation of mental health services.

We were also pleased to support a successful amendment requiring Welsh Ministers to review and report within 12 months on training arrangements for Tribunal medical members who do not hold licences to practise.

The Bill received Royal Assent on 21 January and came into force the following day, thereby restoring the number of eligible medical members able to sit on cases.

Despite our support for the Bill, RCPsych in Wales has raised wider concerns regarding the operation of the Mental Health Review Tribunal for Wales, particularly in relation to decision-making processes and a lack of engagement with the psychiatric workforce.

There is also an urgent need to increase the number of psychiatrists in Wales and ensure they are properly supported, including through a dedicated workforce plan for psychiatry.

RCPsych in Wales is grateful to Senedd Members , and for raising these issues during scrutiny, and we look forward to constructive engagement with relevant partners to address them.

Professor Alka Ahuja MBE, Chair of RCPsych in Wales, said:

"The passage of this Emergency Bill has been essential to protecting patients’ rights and the integrity of the Tribunal. We are grateful to the Welsh Government and Senedd Members for acting swiftly to address the risks identified.

“When hearings cannot be held in a timely way, people who are detained may be left waiting longer than necessary for their cases to be reviewed. This causes distress, delays recovery, and undermines confidence in the mental health system.

“With Royal Assent now in place, the rapid restoration of the Tribunal’s operational capability is vital to safeguarding patient safety, ensuring timely decision-making, and maintaining high clinical and legal standards. Due regard must be given to the fragility of current psychiatry workforce capacity.”