Kerry Underwood

MENTAL HEALTH: UPPER TRIBUNAL DECISIONS

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Here I look at Upper Tribunal decisions, that is decisions on appeal, in relation to Mental Health.

All of the information in all of these posts is taken directly from the Senior President of Tribunals’ Annual Report 2020, which is an invaluable and free resource dealing with all aspect of the work of tribunals as well as setting out these summaries of key cases.

The whole report can be accessed here.

Administrative Appeals Chamber: Mental Health

CitationPartiesJurisdictionCommentary
[2019] UKUT 172 (AAC)JS v South London and Maudsley NHS Foundation Trust and the Secretary of State for JusticeMental HealthThe Upper Tribunal provided guidance and explained the structured approach to be followed by a tribunal when considering whether to allow a party to reinstate their case. The appellant in this case was a patient liable to be detained under the Mental Health Act 1983. He applied to the First-tier Tribunal for this liability to be discharged and then withdrew that application. It also explains why Hospital Trusts are correctly respondents on appeals by mental patients to the Upper Tribunal.

[2019] UKUT 323 (AAC)SLL v (1) Priory Health Care and (2) Secretary of State for JusticeMental HealthThe Upper Tribunal set out the proper test for deciding whether the discharge of a restricted patient should be absolute or conditional where at least one of the section 72(1)(b) of the Mental Health Act 1983 criteria is not met as well as the factors that the Tribunal must consider when assessing whether it is “appropriate” for the patient to continue to be liable to recall to hospital for further treatment.  

Written by kerryunderwood

August 21, 2020 at 7:29 am

Posted in Uncategorized

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