[2024] UKUT 411 (AAC)

IN is currently detained at Broadmoor Hospital for treatment of mental disorder under section 3 of the Mental Health Act, although at the time of the hearing before the Tribunal IN was detained at St Andrew’s Hospital, Northampton.

Because this appeal turns on quite technical legal issues about procedural fairness, I don’t need to go into the detailed factual background of how and why IN came to be detained in hospital, or to provide details of his health difficulties.

Because IN didn’t apply for a mental health tribunal himself within the first six months of his detention, on 6 October 2022 the hospital managers referred his case to the mental health tribunal for review in accordance with section 68(2) of the Mental Health Act.

Because IN hadn’t appointed a representative himself, and because IN had said he didn’t want to represent himself in relation to the hearing of the reference, on 14 October 2022 a legal representative was appointed by a member of the tribunal staff to represent IN under Rule 11(7)(a) of the HESC Rules.

IN’s representative made several attempts to communicate with IN. On 19 October 2022 she tried to speak to him on the telephone, but he wouldn’t engage with her. On 31 October 2022 his representative attended the hospital at which IN was then detained to meet him in person. At that time IN was accommodated in a seclusion room due to a violent incident on the ward, and when the representative attempted to speak to IN at the door of the seclusion room he refused to come to the door or to engage at all. IN’s representative wrote to him on 7 November, and again on 22 November 2022, but received no response.

The hearing of the reference was listed to take place on 28 November 2022 by video link. As at the start of the hearing, IN’s representative had still not managed to engage with IN.