Re D  MHLO 51 (FTT)
Video tribunal hearing set aside (1) The decision in this case was set aside because it was not clear whether or not the patient had a reasonable opportunity to hear all the evidence that was given at the hearing: it was not possible to be sure that the patient had a fair hearing. (2) The patient's microphone had been muted for much of the time after giving her evidence at the outset because she "would not stop talking", but this did not amount to exclusion under Tribunal rule 38. [First-tier tribunal decisions are useful but not binding.]
Thanks to Liz Conroy of Conroys Solicitors (solicitor for the patient) for sending this decision and for providing the following comment on the case: "With the use of video hearings remaining in place, it is imperative that all participants but especially P are able to fully engage in the hearing process. There is a real risk that this is not achieved through the video system and this case makes it clear that where it has not been achieved there will be an error in law."