AH v West London MH NHS Trust [2010] UKUT 264 (AAC)

Factors relevant to holding public hearing (1) The normal practice that Tribunal hearings are held in private is justified; and the relevant factors in deciding whether to direct a hearing in public are: (a) is it consistent with the subjective and informed wishes of the applicant (assuming he is competent to make an informed choice)? (b) will it have an adverse effect on his mental health in the short or long term, taking account of the views of those treating him and any other expert views? (c) are there any other special factors for or against a public hearing? (d) can practical arrangements be made for an open hearing without disproportionate burden on the authority? (2) The First-tier Tribunal decision not to grant a public hearing was set aside. (3) The question will be determined by the Upper Tribunal following a further hearing (at which the Department of Health is invited to appear) for the purpose of considering further evidence as to: (a) the practicalities and potential cost of providing a public hearing (including by use of video facilities); (b) how often public hearings have been applied for in the last five years, the number of occasions on which they have been granted and in practice been held, and how they have been managed; (c) (so far as readily available) practices elsewhere in the United Kingdom, in Europe, and in other common law countries.

Citations etc

Case No. M/0084/2010

Case name on Tribunal website: AH v West London MHT and SSJ [2010] UKUT 264 (AAC)^B

Added to Tribunal website: 17/8/10

CASES DATABASE

Full judgment: BAILII

Subject(s):

• MHT public hearing cases🔍
• Upper Tribunal decisions🔍

Date: 29/7/10🔍

Court: Upper Tribunal (Administrative Appeals Chamber)🔍

Judicial history:

• Re Albert Haines [2011] MHLO 170 (FTT)
• Re Albert Haines [2011] MHLO 169 (FTT)
• AH v West London MH NHS Trust [2011] UKUT 74 (AAC)
• AH v West London MH NHS Trust [2010] UKUT 264 (AAC)

Cited by:

• AR v West London NHS Trust [2020] UKUT 273 (AAC)

Judge(s):

• Carnwath🔍
• Levenson🔍
• Cooper🔍

Parties:

• AH🔍
• West London Mental Health NHS Trust🔍

Citation number(s):

• [2010] UKUT 264 (AAC)^B

What links here:

• AH v West London MH NHS Trust [2011] UKUT 74 (AAC)
• Re Albert Haines [2011] MHLO 169 (FTT)
• Re Albert Haines [2011] MHLO 170 (FTT)
• Re Ian Brady [2012] MHLO 75 (FTT)
• AR v West London NHS Trust [2020] UKUT 273 (AAC)
• Public tribunal hearings
• Jonathan Wilson, 'Mental health: update' (Legal Action, March 2021)

Published: 16/8/10 22:00

Cached: 2024-11-21 12:28:02