S v Elysium Healthcare & Secretary of State for Justice: [2021] UKUT 186 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Mitchell on 29 July 2021.
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Judicial Summary
The Mental Health Review Tribunal for Wales erred in law in finding that it lacked jurisdiction to determine a restricted patient’s application once he had become a different type of restricted patient. The tribunal retained jurisdiction and was required to determine the patient’s application. The individual became a different type of restricted patient as a result of the Court of Appeal quashing a sentence of imprisonment for public protection.
Published 23 August 2021