[2025] UKUT 009 (AAC)

Between:

JB

Appellant

- v -

(1) ELYSIUM HEALTHCARE

(2) SECRETARY OF STATE FOR JUSTICE

Respondents

Before: Upper Tribunal Judge Church

Decided on consideration of the papers

Representation:

Appellant: Arianna Kelly of counsel, instructed by EMG Solicitors

First Respondent: Eve Mackey of DAC Beachcroft LLP

Second Respondent: Brenda Campos, Ministry of Justice’s Mental Health Unit

On appeal from:

Tribunal: First-tier Tribunal (HESC) (Mental Health)

Tribunal Case No: MP/2023/02488

Tribunal Venue: The Spinney, Atherton

Decision Date: 31 August 2024

RULE 14 Direction

Rule 14(7) of the Tribunal Procedure (Upper Tribunal) Rules 2008 provides that information about mental health cases and the names of any persons concerned in such cases must not be made public unless the Upper Tribunal gives a direction to the contrary.

The Upper Tribunal DIRECTS that this decision, which does not refer to the patient by name, may be made public.

SUMMARY OF DECISION

MENTAL HEALTH (80)

This appeal is about the situation in which a tribunal reaches its decision based on a mistake of fact, and about whether medical treatment which is considered to be appropriate for a patient can properly be said to be “available” to him if the hospital in which he is detained has the resources to provide it but is not willing to do so.

Please note the Summary of Decision is included for the convenience of readers. It does not form part of the decision. The Decision and Reasons of the judge follow.

DECISION