Following an appeal to the Upper Tribunal after the FtT decided that it did not retain jurisdiction to consider an application made by a ss37/41 if they were conditionally discharged prior to the hearing, the Upper Tribunal handed down the decision on the 9th July 2022
UT Jacobs decided that the Tribunal does retain jurisdiction to consider such applications following the change in status from ss37/41 to s41 before the hearing.
The case citation is DD v Sussex Partnership NHS Foundation Trust and Secretary of State for Justice, MIND intervening [2022] UKUT 166 (AAC).
I instructed Roger Pezzani from Garden Court, and Rheian Davies from MIND (an Intervener) instructed Stephen Simblet QC.