CS v Elysium Healthcare [2021] UKUT 186 (AAC)

Change in status - s47/49 to s37/41 The patient applied to the MHRT for Wales while subject to a s47/49 restricted transfer direction; then the Court of Appeal quashed the underlying Imprisonment for Public Protection sentence, replacing it with a s37/41 restricted hospital order; then the MHRT decided that following the change in status it lacked jurisdiction to consider the application. The Upper Tribunal set aside the MHRT's decision, on the basis that the patient had remained a restricted patient throughout, and remade it accordingly. Elysium Healthcare was criticised for its "lamentable" failure to comply with case management directions, which delayed proceedings (as did the Upper Tribunal's own inefficient administration).


The judgment states that it was made on 29/6/21. It was first published on the Gov.uk website on 23/8/21. The Gov.uk website states that the decision was made on 29/7/21.

Judicial summary on Gov.uk website

The Mental Health Review Tribunal for Wales erred in law in finding that it lacked jurisdiction to determine a restricted patient’s application once he had become a different type of restricted patient. The tribunal retained jurisdiction and was required to determine the patient’s application. The individual became a different type of restricted patient as a result of the Court of Appeal quashing a sentence of imprisonment for public protection.

External links


Full judgment: BAILII
Download here


  • Change of status cases🔍
  • Upper Tribunal decisions🔍

Date: 29/6/21🔍

Court: Upper Tribunal (Administrative Appeals Chamber)🔍



  • CS🔍
  • Elysium Healthcare🔍
  • Secretary of State for Justice🔍

Citation number(s):

What links here:

Published: 24/8/21 22:18

Cached: 2024-04-21 21:46:04