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

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.

Essex search

This case's neutral citation number appears in the following newsletters:

• 39 Essex Chambers, 'Mental Capacity Report' (issue 107, September 2020)

CASES DATABASE

Full judgment: BAILII

Subject(s):

• MHT capacity cases🔍
• Upper Tribunal decisions🔍

Date: 12/6/20🔍

Court: Upper Tribunal🔍

Cites:

• VS v St Andrew's Healthcare [2018] UKUT 250 (AAC)

Judge(s):

• Nicol🔍
• Christopher Ward🔍
• Sarah Johnston🔍

Parties:

• SM🔍
• Livewell Southwest CIC🔍

Citation number(s):

• [2020] UKUT 191 (AAC)^B

What links here:

• Case preparation
• VS v St Andrew's Healthcare [2018] UKUT 250 (AAC)
• 39 Essex Chambers, 'Mental Capacity Report' (issue 107, September 2020)
• Mental Health Tribunal, 'SM v Livewell Southwest - new process for references' (30/6/21)
• Jonathan Wilson, 'Mental health: update' (Legal Action, March 2021)
• Law Society, 'Practice note: Representation before mental health tribunals' (24/2/24)

Published: 10/7/20 23:49

Cached: 2025-03-02 00:51:44