MHLO Annual Review 2013: Paperback | Kindle

Email updates | Email discussion list | Twitter

Fennell, Letts and Wilson, Mental Health Tribunals (Law Society 2013):
Foreword | Review | Amazon | Law Society bookshop | 20% discount

CPD scheme (12 points for £60)




Category:Change of status after application made

From Mental Health Law Online

Jump to: navigation, search
The pages below are initially ordered according to the dates on which they were added to the site (most recent first). The order can be changed by clicking on the symbol beside a column heading: click on the symbol beside "Page and summary" for alphabetical order; click beside "Categories" for the order in which the cases were reported. Click on the arrow symbol again to reverse the order. Click on a page name to view the relevant page.
Page and summaryDate added to siteCategories
KF v Birmingham and Solihull Mental Health NHS Foundation Trust (2010) UKUT 185 (AAC) — Various issues including (1) what should happen where an appeal from a First-tier Tribunal's substantive decision on a s2 application is overtaken by events and (2) whether a s3 reference to the First-tier Tribunal lapse once a CTO is made. [Summary required.] 2010-06-182010 cases, Change of status after application made, No summary, Transcript, Upper Tribunal decisions
AA v Cheshire and Wirral Partnership NHS Foundation Trust (2009) UKUT 195 (AAC) — An application made while a patient is detained under section 2 or 3 does not lapse when the patient is made subject to a CTO, as s72(1) (powers of tribunals) should be given a literal construction. Preliminary points: (1) Discussion on Law Society guidance and cases where client lacks full capacity. The Upper Tribunal has no power to appoint a litigation friend or equivalent, and the OS's powers and duties apply to court proceedings not tribunals; in any event, justice did not require a litigation friend as the potential "best interests" argument was argued by other parties. (2) It was not unlawful for a First-tier Tribunal judge to consider an application for permission to appeal from, or a review of, his own decision. 2009-10-132009 cases, Brief summary, Change of status after application made, Transcript, Upper Tribunal decisions
R (MN) v MHRT (2008) EWHC 3383 (Admin) — Tribunal application made under s70 when patient subject to s47/49 (restricted transfer direction) lapses when s49 (restriction direction) lapses; to avoid delay, the application can be treated as if it were an application under s69(2)(a). 2008-12-222008 cases, Change of status after application made, Detailed summary, Transcript
R (M) v South Thames MHRT (1997) EWHC Admin 797 — Tribunal application made while under s2 does not fall if the patient is subsequently placed under s3; patient maintains his separate right to apply under while s3. 2006-04-201997 cases, Change of status after application made, Detailed summary, Transcript
R (SR) v MHRT (2005) EWHC 2923 (Admin) — MHRT application appealing against s3 falls when patient subsequently made subject to s25A; fresh application required. 2006-04-192005 cases, Change of status after application made, Detailed summary, Transcript