SR applied to MHRT when detained under section 3. The evening before the hearing he was placed under section 25A.
The MHRT cancelled the hearing, stating that, because of SR's changed status, it no longer had jurisdiction to hear the case.
SR contended that the hearing should go ahead, relying upon R (M) v South Thames MHRT (1997) EWHC Admin 797 in which Collins J held that an application made under s2 ought to be heard when the patient had subsequently been placed under s3.
The Regional Chairman replied, stating that the issues and discharge criteria involved with s25A were not sufficiently similar to those with s3 (in contrast with the similarity between s2 and s3).
The Tribunal was right to cancel the hearing, and a separate application would be required to challenge the s25A:
See MHA 1983 s25A for more information on supervised discharge.
Judge: Stanley Burnton J
Fenella Morris (instructed by Hodge Jones & Allen) for the Claimant
Charles Bourne (instructed by the Treasury Solicitor) for the Defendant