Arguments against cancelling hearings after a reassessment following Devon ruling

Has any formal guidance been issued in regards to potentially invalid applications to the MHT where a patient has been reassessed and placed on a “new” section 3 following the Devon ruling? MHT are asking for written submissions on the hospitals request to cancel the original hearing. Seems wholly unfair…

I’m not aware of any guidance. Here are some ideas.

  1. You could argue that the tribunal retains jurisdiction despite the re-sectioning, as with most other changes of status. This would be the best result. And appeal any refusal.

  2. Failing that, I wonder whether the DHSC MHA team could be persuaded to make a reference.

  3. Failing that, the patient could make an application now but keep the original hearing date — and ask the DHSC to refer later in the detention period, as suggested in R (Modaresi) v SSH [2013] UKSC 53, para 7.

Thank -you for your response.

I argued points 1&3 in my statement already. I hadn’t considered the option of a referral later in the period if necessary, so will keep that in mind.

Let’s see what happens.

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