SM v Livewell Southwest CIC [2020] UKUT 191 (AAC)

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Capacity to make tribunal application (1) This majority decision confirmed that the test in the VS case was correct (that the patient must understand that he is being detained against his wishes and that the First-tier Tribunal is a body that will be able to decide whether he should be released). (2) In a dissenting judgment Sarah Johnston DCP stated that the test should be: "Does the patient want to be free to leave?" (3) The Upper Tribunal decided (by a majority) that tribunal panel had not erred in striking out the patient's case, and gave detailed procedural guidance, including when the hospital managers, IMHA, or the tribunal itself should request the making of a reference.

Note

Published on BAILII on 11/7/20.

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