MB v South London & Maudsley NHS Foundation Trust (Mental Health): [2023] UKUT 261 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Church on 10 May 2023 (corrected on 19 June 2023).

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 31 October 2023

• Categories: Mental health
• Judges: Church, TH
• Decision date: 10 May 2023

Read the full decision in UA-2022-001348-HM.

Judicial Summary

This appeal is about whether the First-tier Tribunal’s refusal of the patient’s application to reinstate his application for review of his section involved an error of law. In particular, it is about whether the First-tier Tribunal was wrong not to consider whether the accumulation of evidence resulting from MB having had a further period of testing with greater freedoms amounted to a “relevant change in circumstances” capable of justifying reinstatement.

Published 31 October 2023