October 2008 update

The following materials were added during October 2008.

Case law

New cases

Old cases added

  • A Local Authority v E [2007] EWHC 2396 (Fam)Application by a local authority under the inherent jurisdiction of the court for directions as to the future of a vulnerable person who has been in care and has now reached 18.§
  • LLBC v TG [2007] EWHC 2640 (Fam) — Best interests/deprivation of liberty case.§
  • Re SK [2007] EWHC 3289 (Fam)Applications by mother in the course of proceedings concerning the best interests of a vulnerable adult, SK. Applications refused.§
  • D'Souza v DPP [1992] UKHL 10Under s17(1)(d) PACE 1984 a constable may enter and search any premises for the purpose of recapturing a person who is unlawfully at large and whom he is pursuing: (1) a detained patient who absconds is "unlawfully at large"; (2) the pursuit must be almost contemporaneous with the entry into he premises.§

Legislation

Primary legislation

Secondary legislation - Tribunal

This order, which came into force on 3/11/08, made under the Tribunals, Courts and Enforcement Act 2007, amongst other things, transferred functions to the newly-created First-tier Tribunal and Upper Tribunal.

Extract from official explanatory note

This Order is made under the Tribunals, Courts and Enforcement Act 2007 (“the 2007 Act”). Part 1 of the 2007 Act creates a new two tier tribunal structure; the First-tier Tribunal and the Upper Tribunal (“the new tribunals”) are established under section 3 of the 2007 Act. Order making powers are provided under Part 1 of the 2007 Act to enable existing tribunals to be transferred into the new structure. This Order has various primary functions to effect the transfers, and in addition contains various minor, consequential and transitional provisions, as explained below.

Transfer of functions of tribunals

Article 3 transfers the functions of the tribunals listed in the tables in Schedule 1 to the new tribunals.

(...) In the case of Mental Health Review Tribunals the transfer relates only to tribunals in England; the Mental Health Review Tribunal for Wales retains its functions.

Abolition of tribunals following transfer of functions

Article 4 abolishes the tribunals from which the functions are transferred under article 3 (with exceptions to provide for tribunals to remain in place to hear the Scottish appeals which are not transferred).

Transfer of members of tribunals

Article 5 provides for members of the tribunals from which the functions are transferred by article 3 to hold the offices of transferred-in judge or transferred-in other member of the First-tier Tribunal, or deputy judge or transferred-in judge of the Upper Tribunal. Those members becoming deputy judges of the Upper Tribunal also become transferred-in judges of the First-tier Tribunal. The tables in Schedule 2 set out which tribunal members hold which offices in the new tribunals. (...)

Appeals to the Upper Tribunal from tribunals in Wales, Scotland and Northern Ireland

Article 6 provides for an onward appeal right to the Upper Tribunal from decisions of the Mental Health Review Tribunal for Wales and the Special Educational Needs Tribunal for Wales in place of the previous onward appeal right to the High Court. (...)

Minor and consequential provisions

Article 9 brings Schedule 3 into effect. Schedule 3 contains minor and consequential amendments. (...)

Amendments to the Mental Health Act 1983 ensure that that Act as amended refers to the First-tier Tribunal so far as proceedings relating to England are concerned, but to the Mental Health Review Tribunal for Wales (“MHRTfW”) so far as proceedings relating to Wales are concerned, and retains provisions relating to the constitution and procedure of the MHRTfW. That Act as amended also includes provision for the new appeal right from the MHRTfW to the Upper Tribunal. ..→§

Secondary legislation - Other

Other Documents

Website articles and information