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Introduction
Introduction
This appeal concerns the decision of a three-member panel of the First-tier Tribunal (Health, Education and Social Care Chamber) (Mental Health) (the “Tribunal”) upholding JB’s continued detention for treatment under the Mental Health Act 1983 (the “FtT Decision”).
JB, who is the detained patient and the appellant in these proceedings, has several criticisms of the FtT Decision. He disputes many of the factual findings of the Tribunal and he maintains that the Tribunal was wrong to have found the statutory criteria to have been satisfied.
In particular, he says that the Tribunal was misled by the evidence of his then responsible clinician as to the availability of appropriate medical treatment at The Spinney, and that this amounts to a material error of law. He asks for the Upper Tribunal to set aside the FtT Decision and to remit the matter for rehearing.
- 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 Enforce
- Introduction
- Factual background
- The First-tier Tribunal’s decision
- Procedural background
- The parties’ positions on the appeal
- Analysis
- Conclusions