Information for "AH v West London MH NHS Trust (2011) UKUT 74 (AAC)"
Basic information
| Display title | AH v West London MH NHS Trust [2011] UKUT 74 (AAC) |
| Default sort key | AH v West London MH NHS Trust (2011) UKUT 74 (AAC) |
| Page length (in bytes) | 4,144 |
| Page ID | 5665 |
| Page content language | en - English |
| Page content model | wikitext |
| Indexing by robots | Allowed |
| Number of redirects to this page | 0 |
| Counted as a content page | Yes |
Page protection
| Edit | Allow only users with "editing" permission (infinite) |
| Move | Allow only users with "editing" permission (infinite) |
Edit history
| Page creator | Jonathan (talk | contribs) |
| Date of page creation | 20:41, 7 March 2011 |
| Latest editor | Jonathan (talk | contribs) |
| Date of latest edit | 11:55, 8 October 2021 |
| Total number of edits | 15 |
| Total number of distinct authors | 1 |
| Recent number of edits (within past 90 days) | 0 |
| Recent number of distinct authors | 0 |
Page properties
SEO properties
Description | Content |
Article description: (description)This attribute controls the content of the description and og:description elements. | (1) Once the threshold tests for establishing a right to a public hearing have been satisfied, Article 6 ECHR (reinforced by Article 13 CRPD) requires that a patient should have the same or substantially equivalent right of access to a public hearing as a non-disabled person who has been deprived of his liberty; such a right can only be denied a patient if enabling that right imposes a truly disproportionate burden on the state. (2) The threshold tests are: (a) is it consistent with the subjective and informed wishes of the applicant (assuming he is competent to make an informed choice)? (b) will it have an adverse effect on his mental health in the short or long term, taking account of the views of those treating him and any other expert views? (c) are there any other special factors for or against a public hearing? (d) can practical arrangements be made for an open hearing without disproportionate burden on the authority? (3) How the right to a public hearing can be practically and proportionately be achieved will depend on the facts of each individual case, including the hospital's facilities. (4) The Tribunal directed that AH was to have a public hearing, not within Broadmoor hospital, with the press, public, AH and his representatives enabled to attend in person in the same hearing room. (5) It was likely that in future cases, if detailed evidence of how video-link and public-notification arrangements would work in practice is provided, that a video-link to off-site premises would suffice. |