PC v Cornwall Partnership NHS Trust

PC v Cornwall Partnership NHS Trust

The First-tier Tribunal erred in law by proceeding in the patient's absence without making findings to satisfy Rule 39(2)(a)(i) or (ii); therefore, the decision must be set aside and remitted for rehearing.

Parties
Claimant: PC; Respondent: Cornwall Partnership NHS Trust
Jurisdiction
England and Wales
Judgment Date
02 March 2023
Procedural Posture
Appeal / Upper Tribunal Decision on Appeal From First Tier Tribunal
Outcome
Decision of First-tier Tribunal set aside; case remitted for rehearing by a differently constituted panel.
Legal Topics
Tribunal Procedure, Patient Absence, Community Treatment Order, Appeal Process
Mental Health Law Administrative Law Tribunal Procedure Patient Absence Community Treatment Order Appeal Process

Case Brief

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Parties

PC

Claimant

Cornwall Partnership NHS Trust

Respondent

Procedural Posture

Appeal / Upper Tribunal Decision on Appeal From First Tier Tribunal

Legal Issues

  1. 1 Whether the First-tier Tribunal erred in law by proceeding in the patient's absence without making necessary findings under Rule 39(2)
  2. 2 Whether the refusal to adjourn and proceed in absence was justified under procedural rules

Ratio Decidendi

The First-tier Tribunal erred in law by proceeding in the patient's absence without making findings to satisfy Rule 39(2)(a)(i) or (ii); therefore, the decision must be set aside and remitted for rehearing.

Court Disposition

Decision of First-tier Tribunal set aside; case remitted for rehearing by a differently constituted panel.

Orders

  • Decision set aside under section 12(2)(a) and (b)(i) of the Tribunals, Courts and Enforcement Act 2007.
  • Case remitted to tribunal for rehearing by a differently constituted panel.