A party which has withdrawn its case may apply to the Tribunal for the case to be reinstated within 28 days after the tribunal received the notice of withdrawal (rule 17(4)).
The Upper Tribunal in JS v SLAM NHS Foundation TrustM stated, in relation to the Tribunal’s exercise of its discretion:
Considered methodically, the factors that the tribunal should take into account neatly divide into three.
First, the tribunal should consider whether there is anything to undermine either the patient’s application to withdraw or the tribunal’s consent. Just to give some examples, the application may have been based on a misunderstanding of the facts or the law. Or there may be an issue whether the patient had capacity or gave informed consent. Or the tribunal’s reasons for consenting may have been defective.
Second, there may have been a change of circumstances that makes it appropriate to agree to reinstatement.
Third, the tribunal will have to consider any other factors that may be relevant under the overriding objective. These will include: (a) the reasons given in support of the application, whatever they may be; (b) any prejudice to the patient in refusing consent; (c) any detriment to the other parties if consent is given; (d) any prejudice to other patients if consent is given; and (d) any impact that reinstatement might have on the operation of the tribunal’s mental health jurisdiction system as a whole.