Change in status during tribunal proceedings: Difference between revisions

Revision as of 10:40, 26 September 2022

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:

Changes between s2, s3 and CTO following an application or reference under any of those sections. See:
- R (M) v South Thames MHRT [1997] EWHC Admin 797^M
- AA v Cheshire and Wirral Partnership NHS Foundation Trust [2009] UKUT 195 (AAC)^M
- PS v Camden and Islington NHS Foundation Trust [2011] UKUT 143 (AAC)
- KF v Birmingham and Solihull Mental Health NHS Foundation Trust [2010] UKUT 185 (AAC)^M

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

Change from s47/49 to s37/41 when the Court of Appeal replaced the original prison sentence with a restricted hospital order (CS v Elysium Healthcare [2021] UKUT 186 (AAC)).

Change from s37/41 (restricted hospital order patient) to conditionally discharged patient (DD v Sussex Partnership NHS Foundation Trust [2022] UKUT 166 (AAC)).

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):

Change from s47/49 to s47 (notional s37) (according to the older case of R (MN) v MHRT [2008] EWHC 3383 (Admin)^M).
Change from s3 to s37 (GM v Dorset Healthcare University NHS Foundation Trust [2020] UKUT 152 (AAC)^M).

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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 * Change from s47/49 to s37/41 when the Court of Appeal replaced the original prison sentence with a restricted hospital order ([[CS v Elysium Healthcare (2021) UKUT 186 (AAC)]]).
-* Change from s37/41 (restricted hospital order patient) to conditionally-discharged patient ([[DD v Sussex Partnership NHS Foundation Trust (2022) UKUT 166 (AAC)]]).
+* Change from s37/41 (restricted hospital order patient) to conditionally discharged patient ([[DD v Sussex Partnership NHS Foundation Trust (2022) UKUT 166 (AAC)]]).
 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”).