# Strike Out - or Reinstatement - No equivalent in Wales **URL:** \ **Category:** Mental Health Tribunal\ **Tags:** mhrt-for-wales\ **Created:** [25 November 2021 16:30 UTC](https://forum.mentalhealthlaw.co.uk/t/strike-out-or-reinstatement-no-equivalent-in-wales/704 "2021-11-25T16:30:55Z")\ **Posts on this page:** 4\ **Page:** 1
**Author:** ![Rob\_Beech](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/r/c4cdca/32.png) [@Rob\_Beech](https://forum.mentalhealthlaw.co.uk/u/Rob_Beech)\ **Post date:** [25 November 2021 16:30 UTC](https://forum.mentalhealthlaw.co.uk/t/strike-out-or-reinstatement-no-equivalent-in-wales/704/1 "2021-11-25T16:30:55Z")
We obviously have the [SM v Livewell](https://www.mentalhealthlaw.co.uk/SM_v_Livewell_Southwest_CIC_(2020)_UKUT_191_(AAC)) 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](https://www.mentalhealthlaw.co.uk/Tribunal_Procedure_(First-tier_Tribunal)_(Health,_Education_and_Social_Care_Chamber)_Rules_2008#Rule_8) to strike it out however today I discovered that there is no equivalent in the [Welsh Tribunal Rules.](https://www.mentalhealthlaw.co.uk/Mental_Health_Review_Tribunal_for_Wales_Rules_2008) 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 ---
**Author:** ![Jonathan](https://forum.mentalhealthlaw.co.uk/user_avatar/forum.mentalhealthlaw.co.uk/jonathan/32/88_2.png) [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\ **Post date:** [25 November 2021 20:52 UTC](https://forum.mentalhealthlaw.co.uk/t/strike-out-or-reinstatement-no-equivalent-in-wales/704/2 "2021-11-25T20:52:23Z")
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! ---
**Author:** ![desiwilliams](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/d/ed655f/32.png) [@desiwilliams](https://forum.mentalhealthlaw.co.uk/u/desiwilliams)\ **Post date:** [1 December 2021 09:58 UTC](https://forum.mentalhealthlaw.co.uk/t/strike-out-or-reinstatement-no-equivalent-in-wales/704/3 "2021-12-01T09:58:37Z")
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). ---
**Author:** ![Jonathan](https://forum.mentalhealthlaw.co.uk/user_avatar/forum.mentalhealthlaw.co.uk/jonathan/32/88_2.png) [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\ **Post date:** [2 December 2021 13:31 UTC](https://forum.mentalhealthlaw.co.uk/t/strike-out-or-reinstatement-no-equivalent-in-wales/704/4 "2021-12-02T13:31:44Z")
Reinstatement was another new addition in the [Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008](https://www.mentalhealthlaw.co.uk/Tribunal_Procedure_(First-tier_Tribunal)_(Health,_Education_and_Social_Care_Chamber)_Rules_2008). Maybe reinstatement and strike out were powers that the other HESC jurisdictions wanted in the rules. Neither s22 and schedule 5 of the [Tribunals, Courts and Enforcement Act 2007](https://www.mentalhealthlaw.co.uk/Tribunals,_Courts_and_Enforcement_Act_2007) nor s65 and schedule 2 of the [Mental Health Act 1983](https://www.mentalhealthlaw.co.uk/Mental_Health_Act_1983), which deal with the creation of the English and Welsh rules respectively, mention strike out or reinstatement. I reckon – if it wanted to – the Welsh tribunal could achieve the same ends using its case management powers.