| Display title | SM v Livewell Southwest CIC [2020] UKUT 191 (AAC) |
| Default sort key | SM v Livewell Southwest CIC (2020) UKUT 191 (AAC) |
| Page length (in bytes) | 2,810 |
| Page ID | 10843 |
| Page content language | en - English |
| Page content model | wikitext |
| Indexing by robots | Allowed |
| Number of redirects to this page | 1 |
| Counted as a content page | Yes |
| Edit | Allow only users with "editing" permission (infinite) |
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| Page creator | Jonathan (talk | contribs) |
| Date of page creation | 23:49, 10 July 2020 |
| Latest editor | Jonathan (talk | contribs) |
| Date of latest edit | 20:29, 24 March 2023 |
| Total number of edits | 12 |
| Total number of distinct authors | 1 |
| Recent number of edits (within past 90 days) | 0 |
| Recent number of distinct authors | 0 |
Description | Content |
Article description: (description)
This attribute controls the content of the description and og:description elements. | (1) This majority decision confirmed that the test for capacity to make a tribunal application stated in the VS case was correct (that the patient must understand that she is being detained against her wishes and that the First-tier Tribunal is a body that will be able to decide whether she 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 (again by a majority) that tribunal panel had not erred in striking out the patient's case, and gave detailed procedural guidance, including: (a) if a patient regains capacity then the tribunal should consider inviting the patient to make a fresh application and, having abridged any procedural obligations, proceed to hear the case; (b) anyone can request that the Secretary of State make a reference, including when a patient lacks capacity and wishes to leave hospital: this includes not only the hospital managers and IMHA, but also the tribunal itself, which could adjourn for this purpose instead of immediately striking out the case. |