Change in status during tribunal proceedings

I’ve added some recent information on the website here: Change in status during tribunal proceedings.

It covers the following changes: s2–s3–CTO, s3–s7, s47/49–s47 and s3–s37.

Is anyone aware of other circumstances that could be added - whether based on First-tier decisions or ongoing appeal cases?


The most recent published case on this topic is CS v Elysium Healthcare [2021] UKUT 186 (AAC), which involved a change from s47/49 to s37/41 when the Court of Appeal replaced the original prison sentence with a restricted hospital order. I’ve updated the “Change in status during tribunal proceedings” page accordingly.

Another case on this topic is DD v Sussex Partnership NHS Foundation Trust [2022] UKUT 166 (AAC), which was discussed on this forum at Ss37/41 Patient C-D Prior to Tribunal - Application Close?.

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Would it change anything if the hearing was a reference rather than application?

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In KF v Birmingham and Solihull Mental Health NHS Foundation Trust [2010] UKUT 185 (AAC) the Upper Tribunal said:

  1. Second, we agree that there is no reason to hold that references to the First-tier Tribunal should be treated any differently to applications in this regard, and indeed every reason why they should be treated in the same way. …

That case was about a CTO reference but I’m pretty sure the same approach would be taken in other scenarios.

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