Background Mental health review tribunals are required to apply regal crite
ria within a clinical context. This can create tensions within both law and
psychiatry.
Aims To examine the role of the medical member of the tribunal as a possibl
e mediator between the two disciplines.
Method Observation of tribunal hearings and panel deliberations and intervi
ews with tribunal members were used to describe the role of the medical mem
ber.
Results The dual roles imposed on the medical member as witness and decisio
n maker and as doctor and legal actor create formal demands and ethical con
flicts that are hard, in practice, either to meet or to resolve.
Conclusions The structure for providing tribunals with access to expert psy
chiatric input and advice requires reconsideration.
Declaration of interest Funding received from the Economic and Social Resea
rch Council, award no. R000 237 006.