Reference to submissions in written decision

Law and practice Mental Health Act
1

I wondered if I could pick your collective brains to help me understand this situation…

I represented P at a FTT in respect of a CTO referral (extension of a further 6 months). I have received the decision but the submissions I put to the panel, mainly focusing on the need for recall (or not and why as was my case. I gave submissions in response to the evidence given by the RC as to how the risks were mitigated in other ways but there is no mention of any submissions at all in the written decision.

My understanding is that this could be appealed on that basis (DN v Northumberland Tyne & Wear NHS Foundation Trust [2011]) – with permission to appeal first being sought as per the usual process.

My understanding is that ultimately, there could be an amendment of the decision, no action or a re-hearing but would welcome any clarification (particularly if I have completed misunderstood!!)

2

If the only ground of appeal is that the tribunal gave inadequate reasons then the correct procedure is to ask the convener to amplify the reasons before making the appeal. See advice in Civil Litigation Brief : https://www.civillitigationbrief.com/2018/07/02/when-you-think-the-judge-has-given-inadequate-reasons-best-ask-the-trial-judge-before-appealing/

Unless I am mistaken you can also ask the panel to review its decision
https://www.mentalhealthlaw.co.uk/Appealing_against_a_tribunal_decision_(MHT)

3

Thank you for your kind response and links!