I presume that if instructed under r11(7)(b) it is appropriate to conduct the case in the best interest of the client, but I would be grateful for views on withdrawing an application, when it is early in the section (3 in this case) and the prospects are low but client is determined he should be discharged, and indeed wants to represent himself!
You are entitled to act in his best interests and if preserving his eligibility would be in his best interests, then you can withdraw the application.
I’ve had this issue myself recently and it feels wrong to effectively go against your instructions, but if its BI then it is acceptable to do so - assuming you are appointed under 11(7)(b) as you have indicated!
Might be relevant to consider whether the patient will just submit another application immediately after withdrawing. If the subsequent app is a certainty, withdrawing may achieve nothing except causing undue delay and distress. Therefore, it might be in the patient’s best interests to have his day in court.
There’s no right answer and I don’t think anyone would criticise either option.
Personally I would not withdraw an appeal in this situation unless the client was ambivalent about continuing with it or was incapable of making his wishes known. Although I did once withdraw because the tribunal refused to adjourn and then later reinstated the application.