S v Elysium Healthcare & Secretary of State for Justice: [2021] UKUT 186 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Mitchell on 29 July 2021.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 23 August 2021

• Categories: Mental health
• Judges: Mitchell, E
• Decision date: 29 July 2021

Read the full decision in HMW/916/2020.

Judicial Summary

The Mental Health Review Tribunal for Wales erred in law in finding that it lacked jurisdiction to determine a restricted patient’s application once he had become a different type of restricted patient. The tribunal retained jurisdiction and was required to determine the patient’s application. The individual became a different type of restricted patient as a result of the Court of Appeal quashing a sentence of imprisonment for public protection.

Published 23 August 2021