The patient had been detained under section 3. He applied to challenge his detention, but before the hearing, he was accepted on to a programme for supervision following his intended release the day before the hearing. His solicitors notified the tribunal of his change in status, but now appealed their refusal to decide his application.
Held: The hearing had been cancelled properly. The evidence required would be different for what would now be a different hearing. A new application was required in respect of his new status as a patient subject to supervised discharge.
Judges:
Stanley Burnton J
Citations:
[2005] EWHC 2923 (Admin), Times 04-Jan-2006
Links:
Statutes:
Mental Health (Patients in the Community) Act 1995, Mental Health Act 1983 3
Jurisdiction:
England and Wales
Citing:
Distinguished – Regina v South Thames Mental Health Review Tribunal (ex parte M ) Admn 3-Sep-1997
An application to a Tribunal made by a patient detained for assessment under section 2 remained effective on his becoming detained for treatment under section 3 and had to be heard by the Tribunal. . .
Lists of cited by and citing cases may be incomplete.
Health
Updated: 18 July 2022; Ref: scu.236655
