Change of status after application made

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Case and summary Date added Categories
KF v Birmingham and Solihull Mental Health NHS Foundation Trust [2010] UKUT 185 (AAC) — Various issues including (1) what should happen where an appeal from a First-tier Tribunal's substantive decision on a s2 application is overtaken by events and (2) whether a s3 reference to the First-tier Tribunal lapse once a CTO is made. [Summary required.] 2010‑06‑18 23:19:22 2010 cases, Change of status after application made, No summary, Transcript, Upper Tribunal decisions

AA v Cheshire and Wirral Partnership NHS Foundation Trust [2009] UKUT 195 (AAC)An application made while a patient is detained under section 2 or 3 does not lapse when the patient is made subject to a CTO, as s72(1) (powers of tribunals) should be given a literal construction. Preliminary points: (1) Discussion on Law Society guidance and cases where client lacks full capacity. The Upper Tribunal has no power to appoint a litigation friend or equivalent, and the OS's powers and duties apply to court proceedings not tribunals; in any event, justice did not require a litigation friend as the potential "best interests" argument was argued by other parties. (2) It was not unlawful for a First-tier Tribunal judge to consider an application for permission to appeal from, or a review of, his own decision. 2009‑10‑13 18:13:45 2009 cases, Brief summary, Change of status after application made, Transcript, Upper Tribunal decisions

R (MN) v MHRT [2008] EWHC 3383 (Admin)Tribunal application made under s70 when patient subject to s47/49 (restricted transfer direction) lapses when s49 (restriction direction) lapses; to avoid delay, the application can be treated as if it were an application under s69(2)(a). 2008‑12‑22 22:41:33 2008 cases, Change of status after application made, Detailed summary, Transcript

R (M) v South Thames MHRT [1997] EWHC Admin 797Tribunal application made while under s2 does not fall if the patient is subsequently placed under s3; patient maintains his separate right to apply under while s3. 2006‑04‑20 20:45:23 1997 cases, Change of status after application made, Detailed summary, Transcript

R (SR) v MHRT [2005] EWHC 2923 (Admin)MHRT application appealing against s3 falls when patient subsequently made subject to s25A; fresh application required. 2006‑04‑19 19:00:27 2005 cases, Change of status after application made, Detailed summary, Transcript