Hi, I have a case where a patient had a section 2 hearing listed over a week ago and it had to be adjourned on the day as there wasn’t a full panel. We are still waiting for a date for the new hearing but the section 2 is due to end on 9th November which doesn’t allow much time and we don’t see to be getting anywhere. Has anyone been in this situation before who could offer advice on the best way to proceed? Also, what steps to be taken if the hearing is not listed before his section 2 ends?
I have one like this ongoing at present. My client was meant to have a tribunal 2 days before his section expired but was taken to general hospital and therefore tribunal could not go ahead. It was therefore adjoirned. Since then he has been placed under a S3.
The hearing is still for his section 2 detention but will address the S3 criteria as this is his current section.
If your client is placed under a S3 it will be same as above. If no S3 then section will lapse and therefore notl tribunal
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Thanks Nicky.
Correct. We had one like that. Went AWOL came back before his tribunal hearing and two days before Sec 2 expiry. Put on Section 3 had the section 2 Tribunal hearing whilst on Sec 3 but Section 3 criteria used Now appealing against section 3.
Thank you Beatrice. This issue I have in my case, is that this is the Tribunal’s fault. My client has been waiting for a rearranged hearing for almost two weeks now on a s2.
This is from MHLO’s Delay (MHT) page:
If there is a breach of the Article 5(4) guarantee of a speedy review, compensation may be awarded for frustration/distress, or where discharge would probably have been granted earlier (R (KB) v MHRT [2002] EWHC Admin 639, R (KB) v MHRT [2003] EWHC 193 (Admin)).
I think after that case they encouraged people just to write asking for compensation. Perhaps you could do that.