GM v Dorset Healthcare University NHS Foundation Trust [2020] UKUT 152 (AAC)

Change from s3 to s37 during tribunal proceedings The First-tier Tribunal had been right to strike out proceedings arising from a s3 reference when the patient was subsequently made subject to a s37 hospital order. It would be contrary to statutory policy if the tribunal were to retain jurisdiction under an application or reference that was made before the date of the hospital order.

Summary on Gov.uk website

When a patient who was detained pursuant to section 3 of the Mental Health Act 1983 is made subject to a hospital order without a restriction order, the First-tier Tribunal has no jurisdiction on any application or reference that was lodged before the order was made.

Note

The judgment calls it "Dorset Healthcare NHS Trust".

First published on 25/6/20, on the Gov.uk website.

External links

• Judgment on Gov.uk website

CASES DATABASE

Full judgment: BAILII

Subject(s):

• Change of status cases🔍

Date: 4/5/20🔍

Court: Upper Tribunal (Administrative Appeals Chamber)🔍

Judge(s):

• Jacobs🔍

Parties:

• GM🔍
• Dorset Healthcare University NHS Foundation Trust🔍
• Secretary of State for Justice🔍

Citation number(s):

• [2020] UKUT 152 (AAC)^B

What links here:

• Change in status during tribunal proceedings
• Jonathan Wilson, 'Mental health: update' (Legal Action, March 2021)

Published: 25/6/20 20:55

Cached: 2024-04-20 10:58:47