VS v St Andrew's Healthcare: [2018] UKUT 250 (AAC).

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

Read the full decision in HM/1261/2018.

Judicial Summary

This case decides that the capacity required by a mental patient to bring proceedings before the First-tier Tribunal in its mental health jurisdiction is that the patient must understand that they are being detained against their wishes and that the First-tier Tribunal is a body that will be able to decide whether they should be released.

Published 24 August 2018