Page values for "Re A (publication of MHT decision) (2023) MHLO 3 (FTT)"

Re A (publication of MHT decision) [2023] MHLO 3 (FTT)

Open justice in the First-tier Tribunal

Permission to publish the First-tier Tribunal decision (which was an interlocutory decision setting aside the initial refusal of the patient's request for an all-female panel) was granted. The Deputy Chamber President took into account that "departing from the open justice principle can only be justified in exceptional circumstances when [it is] strictly necessary to secure the proper administration of justice" and that "in circumstances where the patient wants the decision to be published on the website and thereby waives her privacy, the balance falls in favour of publication". She noted that there were no exceptional circumstances for departing from the open justice principle, that she had taken into account the contents and nature of the decision and the level of redaction and anonymity, and that all cases will be considered on their own merits. The patient's argument that permission to publish was not necessary was rejected.