R (OK) v First-tier Tribunal and Cambian Fairview:  UKUT 22 (AAC)
- Ministry of Justice, HM Courts & Tribunals Service, and Upper Tribunal (Administrative Appeals Chamber)
- 26 January 2017
- Decision date:
- 12 January 2017
- Mental health and Tribunal procedure and practice
- Tribunal procedure and practice - tribunal jurisdiction
- Jacobs, E
Upper Tribunal Administrative Appeals Chamber decision by Judge Jacobs on 12 January 2017.
Read the full decision in JR/1559/2016.
Although rule 8(1) of the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 provides that only rule 8(3) applies to mental health cases, the requirement in rule 8(5) that the applicant be given a chance to make representations also applies.
A patient who lacks capacity to decide to apply to the First-tier Tribunal cannot make or authorise anyone else to make an application. This does not involve a violation of the patient’s Convention rights, as the package of rights and duties under the Mental Health Act 1983 and the Mental Capacity Act 2005 provides sufficient protection.
Published: 26 January 2017
Decision date: 12 January 2017