Section 68(2) referral, then discharged on s7 Guardianship -- does the Tribunal retain jurisdiction?

Law and practice Mental Health Tribunal
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1

Good morning

If a patient who was on a s3 and had a Tribunal coming up as a result of a s68(2) referral, does the Tribunal have the jurisdiction to hear if the patient is placed on s7 guardianship order before the hearing?

I note that AD’A v Cornwall confirmed that if an application made whilst under s3 the Tribunal would have jurisdiction, but does this apply to referrals?

2

Yes - the case law escapes me right now but applications are treated the same as referrals.

You can see the list of jurisdiction cases (and how there’s no differentiation between applications and referrals) here: