AC v Southern Health NHS Foundation Trust & Anor
[2024] UKUT 297 (AAC)
MB v South London & Maudsley NHS Foundation Trust
10 May 2023
[2023] UKUT 261 (AAC)
Upper Tribunal
A man's request to leave a mental health hospital was withdrawn to get more tests and a discharge plan. When he tried to restart his request, the lower court said no. A higher court said the lower court was wrong and let him restart his request to leave.
Key Facts
- •MB, detained under the Mental Health Act 1983, applied to the First-tier Tribunal for conditional discharge.
- •His application was withdrawn with the Tribunal's consent to allow further testing and discharge planning.
- •MB subsequently applied for reinstatement of his withdrawn application.
- •The First-tier Tribunal refused reinstatement.
- •MB appealed this refusal to the Upper Tribunal.
Legal Principles
Tribunals must consider whether a change in circumstances justifies reinstatement of a withdrawn application.
Rule 17 of the Tribunal Procedure (First-tier Tribunal)(Health Education and Social Care) Rules 2008
The proper approach to reinstatement applications requires consideration of changes in circumstances and reasons for the application.
JS v South London and Maudsley NHS Foundation Trust & another [2019] UKUT 172
The adequacy of a tribunal's reasoning must be assessed, especially in cases involving deprivation of liberty.
This case's judgment
The Upper Tribunal can set aside a First-tier Tribunal decision made in error of law and remake the decision.
Section 12(2)(a) and (b)(ii) of the Tribunals, Courts and Enforcement Act 2007
Outcomes
The Upper Tribunal allowed the appeal.
The First-tier Tribunal erred in law by failing to consider whether the further testing and development of discharge plans constituted a relevant change in circumstances justifying reinstatement.
The First-tier Tribunal's decision was set aside.
Error of law; inadequate reasoning.
MB's application for reinstatement was allowed.
The further testing and development of discharge plans amounted to a relevant change in circumstances.
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