R (OK) v First-tier Tribunal and Cambian Fairview: [2017] UKUT 22 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Jacobs on 12 January 2017.

Read the full decision in JR/1559/2016.

Judicial Summary

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.

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