Ground 2
Ground 2
This second ground of appeal posits that the Tribunal’s failure to invite submissions from the Appellant on whether the CBT sessions he had undertaken amounted to “formal psychological treatment” constituted procedural unfairness. However, this assumes that the phrase in question carries some technical meaning that needed to be explored. For the reasons discussed above, that is a false premise. In addition, the appropriate adjective to be attributed to the CBT sessions was immaterial, given that the Tribunal’s primary focus had to be on what type(s) of future treatment remained relevant to assessing the question of permanence.
- Heading
- The decision of the Upper Tribunal is to dismiss the appeal. The decision of the First-tier Tribunal made on 25 April 2023 under case number AFCS/00735/2020 does not involve any material error of law
- The subject matter of this appeal to the Upper Tribunal
- A bare outline of the course of the appeal
- The Upper Tribunal oral hearing of the appeal
- A summary of the Upper Tribunal’s decision
- The factual background to this appeal
- Table 3 - Mental disorders(*)
- The consultant psychiatrist’s 2017 report
- The Secretary of State’s decision
- The First-tier Tribunal’s decision
- The Upper Tribunal’s grant of permission to appeal
- The test for permanence
- The Appellant’s grounds of appeal
- The Respondent’s response
- Analysis
- Ground 1
- Ground 2
- Ground 3
- Ground 4
- Conclusions
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