— The starting point when considering publication of MHT decisions is rule 14 ("Unless the Tribunal gives a direction to the contrary, information about mental health cases and the names of any persons concerned in such cases must not be made public"): the rationale behind the presumption of privacy in mental health proceedings is to prevent the sensitive and personal information of often vulnerable individuals being made subject to public scrutiny. However, the High Court in R (Maher) v First-tier Tribunal (Mental Health) [2023] EWHC 34 (Admin) decided that "departing from the open justice principle can only be justified in exceptional circumstances when [it is] strictly necessary to secure the proper administration of justice". In this case, (a) the review decision "provides a clear explanation as to the legal principles applied", (b) it was worthy of public interest because it would "enable the reader to have insight into the work of the Tribunal including the permission to appeal process", (c) the redacted version contained no identifying information so maintained the patient's privacy, and (d) the patient wanted publication so had waived the right to privacy. There were therefore no exceptional circumstances and publication would be proportionate.
Full details available at: https://www.mentalhealthlaw.co.uk/Re_H_(publication_of_decision)_(2026)_MHLO_1_(FTT)?id=160426-2030