Upper Tribunal Administrative Appeals Chamber

[2024] UKUT 190 (AAC)

Fecha: 29-Ene-2024

Events between the 13 July 2022 hearing and the 29 November 2022 hearing

Events between the 13 July 2022 hearing and the 29 November 2022 hearing

12.

The matter was listed for hearing on 29 November 2022. In the reports prepared for that hearing, the team caring for OO indicated their continued support for the grant of a conditional discharge, albeit that it was considered that the discharge may need to be deferred due to matters related to OO’s sentencing for the 31 May 2022 conviction (see paragraph [2] of the 5 December 2022 decision notice).

13.

Given the in-patient team’s apparent support for his being granted an immediate or deferred conditional discharge, OO decided on advice from his solicitor not to instruct an independent expert psychiatrist.

14.

However, in the days immediately preceding the scheduled hearing there was a series of significant developments:

on Friday 25 November 2022 the responsible authority made an application for the postponement of the 29 November 2022 hearing on the grounds that:

OO’s sentencing had been postponed; and

ii.

it required to arrange “a further meeting with the Forensic Team at West London” which it said was “of the opinion that the patient is not suitable at the moment for a Community Placement”.

The application indicated that Dr Nyein, who was OO’s new responsible clinician, would submit an addendum report within 24 hours;

OO’s solicitor was notified of the adjournment application at 16:44 on Friday 25 November 2022, and received Dr Nyein’s addendum psychiatric report, which gave the first indication that Dr Nyein no longer supported OO’s discharge, at 17:36;

on Sunday 27 November 2022, OO’s solicitor emailed the responsible authority and the Tribunal to inform them that OO supported the application for postponement of the 29 November 2022 hearing. He proposed directions, including a direction for the filing of independent evidence on OO’s behalf;

on Monday 28 November 2022 at 15:39 the responsible authority’s application for a postponement was refused on the basis that it was more appropriate for the application to be renewed at the hearing listed for the following day, and for the Tribunal to rule on it;

at 15:44 on Monday 28 November 2022 the responsible authority made a further application for a postponement, which was also refused.