View source for DD v Sussex Partnership NHS Foundation Trust (2022) UKUT 166 (AAC)

{{Case
|Date=2022/06/23
|NCN=[2022] UKUT 166 (AAC)
|Court=Upper Tribunal (Administrative Appeals Chamber)
|Judges=Jacobs
|Parties=DD, Sussex Partnership NHS Foundation Trust, Secretary of State for Justice, Mind
|Sentence=Change of status - s37/41 to conditional discharge
|Summary=DD applied to the MHT while subject to a s37/41 restricted hospital order but, before the hearing, was conditionally discharged: the MHT decided that it ceased to have jurisdiction. He appealed to the UT but, before that hearing, was absolutely discharged: the UT decided that it retained jurisdiction and should decide the case despite it being academic. The UT concluded that the MHT retain jurisdiction when a s37/41 patient is conditionally discharged.
|Detail===Thanks==
{{thanks|Marley, Adam|GT Stewart Solicitors & Advocates, solicitor for the patient|providing the judgment}}

==Judicial summary from Gov.uk==
<div class="perm">
Appeal that became academic before hearing by the Upper Tribunal - principles applied by the courts in public law matters not applicable - principles to be developed in Upper Tribunal on a case by case basis - reasons for dealing with academic issue set out.

Mental health - patient subject to hospital and restriction orders when he applied to the First-tier Tribunal, but conditionally discharged before the application was heard - tribunal retained jurisdiction.
</div>
|External links=*[https://www.gov.uk/administrative-appeals-tribunal-decisions/dd-v-sussex-partnership-nhs-foundation-trust-and-secretary-of-state-for-justice-mind-intervening-2022-ukut-166-aac Gov.uk - judgment]
|Subject=Change of status cases,Upper Tribunal decisions
|Judgment=(2022) UKUT 166 (AAC).pdf
|News=Yes
|RSS pubdate=2022/07/11 03:27:37 PM
}}