Arguments against cancelling hearings after a reassessment following Devon ruling

Law and practice Mental Health Tribunal
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1

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…

2

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.

3

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.
Lucy

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