DA v Kent and Medway NHS and Social Care Trust
| Jurisdiction | UK Non-devolved |
| Judge | Thomas Church |
| Judgment Date | 11 November 2019 |
| Neutral Citation | [2019] UKUT 348 (AAC) |
| Docket Number | HM/1664/2019 |
| Court | Upper Tribunal (Administrative Appeals Chamber) |
| Date | 11 November 2019 |
Neutral Citation: [2019] UKUT 348 (AAC)
Court and Reference: Upper Tribunal (AAC)
Judge: UTJ Thomas Church
HM/1664/2019
Facts: DA was detained under s3 Mental Health Act 1983. She applied to have her detention reviewed by a Tribunal, and had been placed on a Community Treatment Order by the time of the hearing. She did not attend the pre-hearing examination she had requested, or the Tribunal. DA's representative sought an adjournment in light of her lack of instructions and fresh evidence, but this was refused; the representative then withdrew. The Tribunal upheld the CTO: but it did not record in its reasons that DA's representative had left or that it reviewed the question of whether to proceed once that had occurred. On appeal, the question arising was the approach to be adopted when an absent party's representative leaves the hearing. The grounds of appeal were that the Tribunal should have considered appointing a representative under r11(7)(b) Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 (which allows the Tribunal to appoint a legal representative in certain circumstances); it failed to consider r39(2)(b) of the Rules (which allow it to proceed if a patient has chosen not to attend or is unable to attend for health reasons); its reasons were inadequate; and proceeding as it did breached Arts 6 and 8 European Convention on Human Rights.
Save for the cover sheet, this decision may be made public (r14(7) of the Tribunal Procedure (Upper Tribunal) Rules 2008 (SI No 2698)). That sheet is not formally part of the decision and identifies the patient by name.
This decision is given under s11 of the Tribunals, Courts and Enforcement Act 2007:
The decision of the First-tier Tribunal under reference MP/2019/06725, made on 10 June 2019, involved the making of a material error on a point of law. It is set aside pursuant to s12(2)(a) of the Tribunals, Courts and Enforcement Act 2007 (the “TCEA”).
Since further facts need to be found the case is remitted to the First-tier Tribunal for rehearing before a differently constituted panel pursuant to s12(2)(b)(i) of the TCEA.
1. This case is about what a Tribunal needs to decide if an absent party is represented at their hearing but the representative leaves during the course of the hearing, and what it needs to say in its reasons.
2. The Appellant was detained in hospital under s3 of the Mental Health Act 1983 (as amended) when she applied for her section to be reviewed in March 2019. Her application was listed for an oral hearing to take place at The Beacon in Ramsgate on 10 June 2019, by which date the Appellant had been discharged from hospital but remained liable to recall to hospital under the terms of a Community Treatment Order (“CTO”).
3. The Appellant requested a pre-hearing examination (“PHE”), which was scheduled for the day of her...
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DA v Kent and Medway National Health Service and Social Care Trust
...Kent and Medway NHS and Social Care Trust [2019] UKUT 348 (AAC) Case No. DECISION OF THE UPPER TRIBUNAL (ADMINISTRATIVE APPEALS CHAMBER) Save for the cover sheet, this decision may be made public (rule 14(7) of the Tribunal Procedure (Upper Tribunal) Rules 2008 (SI No 2698)). That sheet is ......