JB v Elysium Healthcare & Anor

JB v Elysium Healthcare & Anor

The Tribunal was misled as to the availability of psychological treatment, which was a material mistake of fact amounting to an error of law. The mistake was not of JB’s making, was uncontentious, and played a material part in the Tribunal’s reasoning. The decision must be set aside and remitted for rehearing.

Parties
Appellant: JB; First Respondent: Elysium Healthcare; Second Respondent: Secretary of State for Justice
Jurisdiction
England and Wales
Judgment Date
09 January 2025
Procedural Posture
Appeal / Upper Tribunal Decision on Appeal From First Tier Tribunal
Outcome
appeal allowed; First-tier Tribunal decision set aside; case remitted for rehearing by a new tribunal
Legal Topics
Mistake of Fact, Availability of Medical Treatment, Detention Under Mental Health Act, Tribunal Procedure
Mental Health Administrative Law Mistake of Fact Availability of Medical Treatment Detention Under Mental Health Act Tribunal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

JB

Appellant

Elysium Healthcare

First Respondent

Secretary of State for Justice

Second Respondent

Procedural Posture

Appeal / Upper Tribunal Decision on Appeal From First Tier Tribunal

Legal Issues

  1. 1 Whether the First-tier Tribunal made a material mistake of fact regarding the availability of psychological treatment
  2. 2 Whether appropriate medical treatment can be said to be 'available' if the hospital is unwilling to provide it
  3. 3 Whether the mistake of fact amounts to an error of law necessitating setting aside the decision

Ratio Decidendi

The Tribunal was misled as to the availability of psychological treatment, which was a material mistake of fact amounting to an error of law. The mistake was not of JB’s making, was uncontentious, and played a material part in the Tribunal’s reasoning. The decision must be set aside and remitted for rehearing.

Court Disposition

appeal allowed; First-tier Tribunal decision set aside; case remitted for rehearing by a new tribunal

Orders

  • Decision of First-tier Tribunal set aside under section 12(2)(a) Tribunals, Courts and Enforcement Act 2007
  • Case remitted for rehearing by a new tribunal under section 12(2)(b)(i)