View source for 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.''

==Notes==
Presumably the same would apply to s37 patients who are placed on CTOs. Further notes, including a more detailed summary, to follow.

==External link==
{{#bailii:(2009) UKUT 195 (AAC)}}

[http://www.osscsc.gov.uk/Aspx/view.aspx?id=2766 Transcript on Upper Tribunal website]


[[Category:Change of status cases]]
[[Category:Upper Tribunal decisions]]
[[Category:Brief summary]]
[[Category:Transcript]]
[[Category:2009 cases]]