We obviously have the SM v Livewell case which deals with capacity to make an application to the Tribunal.
Obviously in cases where the application is invalid the Tribunal have the option under Rule 8 to strike it out however today I discovered that there is no equivalent in the Welsh Tribunal Rules.
The case I dealt with was one where I was appointed under R13(5)(a)(ii) - basically R11(7)(B). On reviewing all of the documentation, application and meeting the patient it became overwhelmingly clear that this was a case that in England under Rule 8 but the only mechanism in Wales would be to make an application to withdraw the application.
Has anyone else come across this? It seems a massive oversight in the design of the MHRT Wales rules
As far as I remember, the strike-out power was a new addition in 2008. I don’t know why the Welsh tribunal didn’t follow suit, as a lot of their current rules are based on the English equivalent.
Probably they still just decide that the proceedings should end, under the general case management powers. Rule 5 of the Welsh rules states: “The Tribunal may give directions at any time in relation to the conduct or disposal of proceedings.”
I hope that someone who practises in Wales can provide a definitive answer!
Yes seems strange, I haven’t come across this yet.
Slightly off topic but I also noticed recently the MHRT Wales rules do not have an equivalent reinstatement rule as we do in England (Rule 17(4)(5)). Having thought about this Rule 5 as Jonathan mentioned above I wonder if that would be an option in those circumstances, although there is no mention of timescales like we have at Rule 17(5).