![[2024] UKUT 411 (AAC)](https://backend.juristeca.com/files/emisores/logo_3a2BKne.png){kind=logo}
Legal framework
Legal framework
The Mental Health Act includes powers for the compulsory detention of patients who suffer from, or in the case of patients detained under section 2 who are suspected to suffer from, mental disorder. Those powers are tightly circumscribed because, generally speaking, people are entitled to enjoy their liberty unless they have been found to have committed a crime for which they have been sentenced to detention by a competent court (see Article 5(4) of the Convention, set out below).
In order to ensure that patients’ Article 5 rights are protected, the Mental Health Act provides a framework for the periodic review of the lawfulness of mental health detention. A detained patient has rights in various time periods to apply for a mental health tribunal to consider whether the conditions to continued detention are satisfied at the time of review. The Mental Health Act also provides for referrals to be made to a tribunal to ensure that the lawfulness of a patient’s detention will be reviewed periodically even if the patient hasn’t exercised their right to make an application.
I do not set out these provisions as this appeal does not turn on them.
- Heading
- The decision of the Upper Tribunal is to allow the appeal. The decision of the First-tier Tribunal involved an error of law. Under section 12(2) (a), (b)(i) and (3) of the Tribunals, Courts and Enforc
- This appeal is about the Appellant, who is a patient detained at Broadmoor ( a secure psychiatric hospital). It is about his right to have his detention reviewed by a tribunal (even where he makes no
- Balancing the interests of open justice with the need to avoid a disproportionate infringement of the Appellant’s right to respect for his private and family life, I have decided not to use his name i
- Background
- The Hearing before the First-tier Tribunal
- Legal framework
- The Mental Capacity Act 2005
- The HESC Rules
- The Convention
- The First-tier Tribunal’s decision
- The permission stage
- Discussion
- Rule 11(7) appointments
- Capacity
- Capacity to make decisions about applying to the mental health tribunal
- Capacity to decide whether to appoint a representative
- Who is to assess capacity to make decisions about providing instructions?
- The Tribunal’s decision re IN’s capacity to make decisions about giving instructions
- What is a Rule 11(7)(a) appointed legal representative to do in the absence of express instructions?
- Was the representative’s appointment terminated?
- The adjournment application and the reasons for it
- Materiality
- Conclusions