Successful Appeal to the Upper Tribunal
DD v Sussex Partnership NHS Foundation Trust [2022] UKUT 166 (AAC)
Our client was detained in prison under a complex combination of detaining provisions. He had made an application to the First-tier Tribunal with the intention of asking for a conditional discharge from liability to be detained.
Before the hearing could take place, the Secretary of State granted a conditional discharge before the hearing and our client therefore wished to apply for absolute discharge at the hearing. However, the Tribunal decided that because of his change of status, it had lost jurisdiction to hearing his application. An application was made to the Upper Tribunal, but in the interim period the case became academic due to process of law. However, the Upper Tribunal decided that it should still hear the case due to the importance of the issue to be decided.
The Upper Tribunal concluded that the First-tier Tribunal retained jurisdiction to hear applications when a ss37/41 patient is conditionally discharged before the hearing.
This case closed a gap in the law that meant that forensic patients who were conditionally discharged could potentially go without ever having a review of their ongoing liability for detention or recall under the Mental Health Act 1983.
Our client was represented by Adam Marley, our Head of Mental Health Law at our City of London Office and by Roger Pezzani of Garden Court Chambers. A link to the judgment can be found here