Re A (publication of MHT decision) [2023] MHLO 3 (FTT)

Open justice in the First-tier Tribunal Permission to publish the First-tier Tribunal decision (which was an interlocutory decision setting aside the initial refusal of the patient's request for an all-female panel) was granted. The Deputy Chamber President took into account that "departing from the open justice principle can only be justified in exceptional circumstances when they are strictly necessary to secure the proper administration of justice" and that "in circumstances where the patient wants the decision to be published on the website and thereby waives her privacy, the balance falls in favour of publication". She noted that there were no exceptional circumstances for departing from the open justice principle, that she had taken into account the contents and nature of the decision and the level of redaction and anonymity, and that all cases will be considered on their own merits. The patient's argument that permission to publish was not necessary was rejected.

Note

The Deputy Chamber President has asked that the following statement be published: "Permission has been granted by the First Tier Tribunal to publish this case on the MHLO website. This is not a reported judgement. The decision is only made in relation to this case and as a decision of the FTT, there is no obligation on any other FTT judge or panel to follow this."

Procedural history

Permission to publish this decision (which gave permission to publish the original Re A (same-sex panel) [2020] MHLO 14 (FTT) decision) was given on 30/5/24. Permission to publish the decision granting permission to publish the decision granting permsision to publish original decision (PHEW!) was not granted, but obviously was made on similar grounds.

CASES DATABASE

Full judgment: No Bailii link (neutral citation is unknown or not applicable)

Subject(s):

First-tier Tribunal decisions🔍

Date: 24/3/23🔍

Court: First-tier Tribunal🔍

Judicial history:

Judge(s):

Sarah Johnston🔍

Parties:

A🔍

Citation number(s):

What links here:

Re A (same-sex panel) [2020] MHLO 14 (FTT)

Published: 2/6/24 13:42

Cached: 2024-07-17 18:35:58