# Tribunal appeals surviving change of section

**URL:** <https://forum.mentalhealthlaw.co.uk/t/tribunal-appeals-surviving-change-of-section/3299>\
**Category:** Mental Health Act\
**Tags:** status-change\
**Created:** [20 February 2025 17:24 UTC](https://forum.mentalhealthlaw.co.uk/t/tribunal-appeals-surviving-change-of-section/3299 "2025-02-20T17:24:17Z")\
**Posts on this page:** 3\
**Page:** 1

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**Author:** ![Karen](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/k/7feea3/32.png) [@Karen](https://forum.mentalhealthlaw.co.uk/u/Karen)\
**Post date:** [20 February 2025 17:24 UTC](https://forum.mentalhealthlaw.co.uk/t/tribunal-appeals-surviving-change-of-section/3299/1 "2025-02-20T17:24:17Z")

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There is a general rule which has been established by case law but I can’t remember it and am rather pushed for time.  
I think that an application made when client is unrestricted survives if they are given a restriction order. But this does not apply if , e.g a s47/49 becomes a notional s37.  
Can anyone confirm and give me the case law.

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**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:** [20 February 2025 17:33 UTC](https://forum.mentalhealthlaw.co.uk/t/tribunal-appeals-surviving-change-of-section/3299/2 "2025-02-20T17:33:57Z")

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Here are all the cases I know about: [https://www.mentalhealthlaw.co.uk/Change\_in\_status\_during\_tribunal\_proceedings](https://www.mentalhealthlaw.co.uk/Change_in_status_during_tribunal_proceedings).

I don’t think there’s a general rule, but there are enough cases now that it’s probably possible to describe the pattern in one long sentence.

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**Author:** ![Karen](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/k/7feea3/32.png) [@Karen](https://forum.mentalhealthlaw.co.uk/u/Karen)\
**Post date:** [20 February 2025 17:38 UTC](https://forum.mentalhealthlaw.co.uk/t/tribunal-appeals-surviving-change-of-section/3299/3 "2025-02-20T17:38:55Z")

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Thank you Jonathan-that is extremely helpful!
