VS v St Andrew's Healthcare: [2018] UKUT 250 (AAC);[2019] AACR 4

Upper Tribunal Administrative Appeals Chamber decision by Judge Jacobs on 23 July 2018.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 24 August 2018
• Last updated: 6 February 2020 — See all updates

• Categories: Mental health
• Judges: Jacobs, E
• Decision date: 23 July 2018

Read the full decision in [2019] AACR 4ws

Judicial Summary

Reported as [2019] AACR 4

Mental health – capacity to bring proceedings – adequate reasons

On 23 October 2017 the appellant signed a form applying to the First-tier Tribunal, exercising its mental health jurisdiction, for discharge from his detention as an inpatient. When he completed the form, he was not represented and his responsible clinician subsequently wrote that although he did not have insight into his mental health difficulties, he had demonstrated on multiple occasions that he did not wish to remain an inpatient in the hospital and wanted to be discharged. The First-tier Tribunal appointed solicitors to represent the patient and they in turn raised concerns about his capacity. That issue came before the First-tier Tribunal which decided that the applicant’s inability to retain that he was being held in a hospital was not ultimately fatal to a finding that he had capacity, as he was clearly able to retain the understanding that he was being held somewhere he did not want to be. The First-tier Tribunal dealt with the issue of capacity as a preliminary issue and decided that the patient had capacity when he made his application for a tribunal hearing. A different judge of the First-tier Tribunal granted permission to appeal to the Upper Tribunal on the basis that the First-tier Tribunal had not given adequate reasons on the capacity issue.

Held, dismissing the appeal, that:

1. The nature of the capacity required to bring proceedings before the First-tier Tribunal was less demanding than the capacity required to conduct them: R(H) v Secretary of State for Health [2006] 1AC 441 and RD v Herefordshire Council [2016] EWCOP 49

2. The correct test to determine if the patient had capacity to bring proceedings before the First-tier Tribunal was that the patient must understand that they are being detained against their wishes and that the First-tier Tribunal is a body that would be able to decide whether they should be released.

Published 24 August 2018
Last updated 6 February 2020 + show all updates

1. 6 February 2020

   Decision selected for reporting as [2019] AACR 4

2. 24 August 2018

   First published.