[2024] UKUT 190 (AAC)

OO is a detained patient with a diagnosis of paranoid schizophrenia and a long history of compulsory detention in psychiatric hospitals, convictions for sexual offences and recalls from conditional discharge.

He is currently detained at The Riverside Centre under the terms of a hospital order (under section 37 of the Mental Health Act 1983 (“MHA 1983”)) with a restriction order (under section 41 MHA 1983) made on 11 January 2010.

On 12 November 2021, while subject to a conditional discharge, OO was arrested for a sexual offence. On 26 February 2022 he was admitted to hospital under section 2 MHA 1983. On 8 March 2022 the Secretary of State recalled OO to detention in hospital pursuant to his discretion under section 42(3) MHA 1983.

Since OO had not exercised his right to apply to the mental health tribunal to have his section reviewed, on 9 March 2022 the Secretary of State made a referral to the First-tier Tribunal pursuant to his duty under section 75(1)(a) MHA 1983. These proceedings arise from that reference.

On 31 May 2022 OO was convicted following a trial of an offence of sexual assault on a female contrary to section 3 of the Sexual Offences Act 2003 and was made subject to a restricted hospital order under sections 37 and 41 MHA 1983.

This means that OO is now subject to two separate restricted hospital orders. Each such order gives rise to a right for OO to apply to the First-tier Tribunal for a review of his detention.

The hearing of the reference was adjourned or postponed several times for various reasons. The two most important decisions made by the First-tier Tribunal in relation to this reference were those made by the three-member panel of the First-tier Tribunal which convened to hear the reference on 13 July 2022, adjourned part-heard, and reconvened on 29 November 2022 (the “Tribunal”).

The decisions made by the Tribunal on those two dates comprise the decision on the reference (the “FtT Decision”). The upshot of the FtT Decision was that the statutory conditions to OO’s continued detention were satisfied and OO should remain in hospital.