# Change in status during tribunal proceedings **URL:** \ **Category:** Mental Health Tribunal\ **Tags:** status-change\ **Created:** [11 October 2020 22:49 UTC](https://forum.mentalhealthlaw.co.uk/t/change-in-status-during-tribunal-proceedings/46 "2020-10-11T22:49:41Z")\ **Posts on this page:** 5\ **Page:** 1
**Author:** ![Jonathan](https://forum.mentalhealthlaw.co.uk/user_avatar/forum.mentalhealthlaw.co.uk/jonathan/32/88_2.png) [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\ **Post date:** [11 October 2020 22:49 UTC](https://forum.mentalhealthlaw.co.uk/t/change-in-status-during-tribunal-proceedings/46/1 "2020-10-11T22:49:42Z")
I’ve added some recent information on the website here: [Change in status during tribunal proceedings](http://www.mentalhealthlaw.co.uk/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? Thanks. ---
**Author:** ![Jonathan](https://forum.mentalhealthlaw.co.uk/user_avatar/forum.mentalhealthlaw.co.uk/jonathan/32/88_2.png) [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\ **Post date:** [13 September 2021 10:53 UTC](https://forum.mentalhealthlaw.co.uk/t/change-in-status-during-tribunal-proceedings/46/2 "2021-09-13T10:53:22Z")
The most recent published case on this topic is [CS v Elysium Healthcare [2021] UKUT 186 (AAC)](https://www.mentalhealthlaw.co.uk/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. ---
**Author:** ![Jonathan](https://forum.mentalhealthlaw.co.uk/user_avatar/forum.mentalhealthlaw.co.uk/jonathan/32/88_2.png) [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\ **Post date:** [11 July 2022 15:52 UTC](https://forum.mentalhealthlaw.co.uk/t/change-in-status-during-tribunal-proceedings/46/3 "2022-07-11T15:52:13Z")
Another case on this topic is [DD v Sussex Partnership NHS Foundation Trust [2022] UKUT 166 (AAC)](https://www.mentalhealthlaw.co.uk/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?](https://forum.mentalhealthlaw.co.uk/t/ss37-41-patient-c-d-prior-to-tribunal-application-close/695). ---
**Author:** ![lkerosevic](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/l/ecc23a/32.png) [@lkerosevic](https://forum.mentalhealthlaw.co.uk/u/lkerosevic)\ **Post date:** [13 July 2022 16:25 UTC](https://forum.mentalhealthlaw.co.uk/t/change-in-status-during-tribunal-proceedings/46/4 "2022-07-13T16:25:59Z")
Would it change anything if the hearing was a reference rather than application? ---
**Author:** ![Jonathan](https://forum.mentalhealthlaw.co.uk/user_avatar/forum.mentalhealthlaw.co.uk/jonathan/32/88_2.png) [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\ **Post date:** [13 July 2022 17:23 UTC](https://forum.mentalhealthlaw.co.uk/t/change-in-status-during-tribunal-proceedings/46/5 "2022-07-13T17:23:41Z")
In [KF v Birmingham and Solihull Mental Health NHS Foundation Trust [2010] UKUT 185 (AAC)](https://www.mentalhealthlaw.co.uk/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.