My client has told me that she wishes to withdraw her application purely because of pressure from her family. In addition I have just received an abusive call from her brother demanding that I withdraw her application. I have permission from the client to share with the tribunal her reasons for with…

The tribunal which sat had no knowledge of the previous application to withdraw so I filled them in. The relatives’ joined with the patient’s consent and I was expecting them to complain about the process and make their coercion plain-but they were quiet and politely -sadly! I asked MHT to explain t…

Hi, I would make the application before the Tribunal tomorrow. Tammy

Thanks Tammy Do you mean that you would just put in an application to withdraw on the basis her family is coercing her even though it will simply be accepted, or would you not mention the coercion at all?

I should add that she wants to be discharged and has a good chance if she proceeds.

Hi Karen, From what you say, this is not a mental capacity issue but a case in which the client is vulnerable to coercion of her free will to decide as per the Munby test for invoking the inherent jurisdiction in Re SA [2005] EWHC 2942 (Fam) . Only the High Court can invoke its inherent jurisdictio…

[image] Karen: I have permission from the client to share with the tribunal her reasons for withdrawal but from experience these will just go to a minion (rather than an STJ) who will inevitably accept the withdrawal. She has capacity to instruct me and the tribunal is tomorrow. Here’s part o…

Thanks all. Sorry Tammy I think I initially misunderstood you and you meant that you would not submit withdrawal in advance but would do it in person. I had come to roughly the same conclusion Ian. She does agree that I can set out the full circumstances and I will do this, including the abusive ph…

Sorry Karen, I didn’t read your initial question properly hence my waffle about conduct issues. Do let us know what happens and I suppose the general question still stands: what should one do about a put upon client who just wishes to withdraw due to family pressure but who doesn’t wish the FTT to …

Yes that is a separate issue, but even when they are happy for FTT to know in my experience it makes no difference. I am going to specifically ask for the request to be put before the Panel as the Judge is excellent and will probably refuse it.

In relation to Ian’s scenario, the old version of Law Society, ‘Practice note: Representation before mental health tribunals’ (12/12/19) talked about “duress and undue influence”, and the current version talks about “reason to suspect that the instructions do not represent your client’s wishes”. I …

Does she not have legal representation? If so, what is their take on it?

Withdrawals

Law and practice Mental Health Tribunal

Karen (Karen Wolton) 28 April 2021 18:58 12

Hi Nicola
I am her legal rep!