Roger Pezzani and Alex Schymyck, 'Upper Tribunal provides important guidance on proceeding without aftercare evidence' (Garden Court Chambers, 17/11/23)

UT case summary Extract from this summary of SS v Cornwall Partnership NHS Foundation Trust [2023] UKUT 258 (AAC): "(1) The Tribunal should adjourn to obtain aftercare evidence where it is capable of affecting the the outcome of the hearing. AM was a relatively unusual case where aftercare evidence was not capable of affecting the outcome. (2) It is procedurally unfair to refuse an adjournment request from a patient where the detaining authority has failed to provide relevant evidence such as that addressing aftercare. (3) The Tribunal must not 'kick the can down the road' and leave matters to be resolved by a future Tribunal. Procedural fairness applies at each stage of the process and an unfair Tribunal hearing cannot be cured by the possibility of a future hearing."

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Title: Upper Tribunal provides important guidance on proceeding without aftercare evidence

Author: Pezzani, Roger🔍 · Schymyck, Alex🔍

Organisation: Garden Court Chambers🔍

Date: 17/11/23🔍

What links here:

• SS v Cornwall Partnership NHS Foundation Trust [2023] UKUT 258 (AAC)