GL v 1. Elysium Healthcare Hospital; 2. Secretary of State for Justice (HM)
| Jurisdiction | UK Non-devolved |
| Judge | Judge Markus QC |
| Neutral Citation | [2020] UKUT 308 (AAC) |
| Court | Upper Tribunal (Administrative Appeals Chamber) |
| Subject Matter | Mental health,Markus,K |
| Date | 09 November 2020 |
| Published date | 08 December 2020 |
1
IN THE UPPER TRIBUNAL Appeal No. HM/915/2020
ADMINISTRATIVE APPEALS CHAMBER
On appeal from the First-Tier Tribunal (Health Education and Social Care
Chamber)(Mental Health)
Between: GL Appellant
- v –
1. Elysium Healthcare Hospital
2. Secretary of State for Justice
Respondents
Before: Upper Tribunal Judge Markus QC
Decision date: 9 November 2020
Decided on consideration of the papers
Representation:
Appellant: Wolton and Co, solicitors
The Respondents did not respond to the appeal
RULE 14 DIRECTION
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)). The cover sheet is not
formally part of the decision and identifies the patient by name.
DECISION
The decision of the Upper Tribunal is to allow the appeal. The decision of the
First-tier Tribunal made on 2 April 2020 under number MM/2020/00689 was made in
error of law. Under section 12(2)(a) and (b)(i) of the Tribunals, Courts and
Enforcement Act 2007 I set that decision aside and remit the case to be reconsidered
by a differently constituted panel.
REASONS FOR DECISION
1. The Appellant (GL) was at all relevant times detained under the Mental Health
Act 1983 (MHA) pursuant to a hospital order with restrictions. His case was referred
to the First-tier Tribunal (FTT) by the Secretary of State for Justice on 17 December
2019 under section 71(2) MHA. A telephone hearing was listed for 2 April 2020.
2. At the date of the hearing GL resided in a self-contained flat, adjacent to the
ward, with another patient. On the morning of the hearing a patient on the ward had
tested positive for Covid-19 and had been hospitalised. GL and his flatmate were
advised to self-isolate. GL’s representative requested an adjournment. The tribunal
refused.
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