Change in status during tribunal proceedings

A change in status after the application (or reference) but before the hearing can have an effect on whether or not the tribunal proceedings can continue.

The tribunal retains jurisdiction in the following circumstances:

  • Transfer from s3 detention to s7 guardianship (AD’A v Cornwall Partnership NHS Foundation Trust [2020] UKUT 110 (AAC)M).

In the cases above, the tribunal hearing will proceed but will consider the criteria relevant to the new section. The patient will still be eligible to apply during the normal eligibility period for the latest section (“two bites of the cherry”).

The tribunal lose jurisdiction in the following circumstances (the sections themselves are explained in chapter 7 below):

In the cases above, the tribunal will strike out the case under Tribunal rule 8. However, if a hearing date has already been fixed, it may be possible to keep the original date by exercising the right to apply in the new eligibility period.

All the relevant case law can be found here: Category:Change of status after application made.

Current LAA guidance is that a change in section type during Tribunal proceedings does not constitute the start of a new matter. See The mental health fee scheme.


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