AR v West London NHS Trust and the Secretary of State for Justice: [2020] UKUT 273 (AAC)
Upper Tribunal Administrative Appeals Chamber decision of Judge Jacobs on 10 September 2020.
Read the full decision in .
Judicial Summary
On an application for a public hearing in a mental health case:
The capacity to conduct proceedings is to be assessed as a whole, provided the patient’s capacity is not fluctuating.
Guidance on the salient factors that the patient should understand in order to have capacity to apply for a public hearing.
There is power to hold a public hearing, even if the patient lacks capacity to have an informed view. AH v West London Mental Health Trust [2011] AACR 15 explained.
Decision selected for reporting as [2021] AACR 2
Published 30 October 2020