[2025] UKUT 037 (AAC)

TheRespondent’s core submission was that the Tribunal had correctly identified the question which it was required to answer, namely which single descriptor was the most appropriate for the Appellant’s condition. In doing so, Ms Dewart submitted, it had carried out a detailed and careful analysis of the facts and had correctly directed itself on the legal test for permanence of mental disorder, which it was required to consider for the purposes of the descriptor in Item 2. Once the Tribunal had determined that the appellant’s mental disorder was not permanent, on the basis of the evidence which was before it, and having regard to whether there had been appropriate clinical management and whether common treatment options were available but had not been undertaken, the appropriate descriptor could not be Item 2 of Table 3 but was at best Item 3, as awarded.