SM v Livewell Southwest CIC: [2020] UKUT 191 (AAC)
Upper Tribunal Administrative Appeals Chamber decision of Mr Justice Nicol, Judge Ward and Judge Johnston on 12 June 2020.
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Judicial Summary
In the majority view, the decision in VS v St Andrew’s Healthcare [2018] UKUT 250; [2019] AACR 4 remains good law as to the capacity a patient requires in order to make an application to the First-tier Tribunal. In the view of the minority, VS sets the bar too high in requiring an understanding that the FtT has power to discharge the patient. The panel offered guidance on a number of issues which may arise where a patient’s capacity is in doubt, including (a) encouraging readier use of the ability to raise the matter with the Secretary of State with a view to him/her referring the patient’s case to the FtT under MHA s.67 and (b) identifying areas in patient records and other documentation where changes might facilitate the FtT’s task.
Decision selected for reporting as [2020] AACR 20