||All England Reporter
|| All ER (D) 95 (May)
||Court of Appeal, Civil Division
Laws, Rimer and Beatson LJJ (judgment delivered extempore)
||Roger Pezzani (instructed by Guile Nicholas) for the claimants.
||Martin Chamberlain QC (instructed by the Treasury Solicitor) for the Secretary of State.
||8 May 2013
Mental health - Patient - Restricted patient - Claimants being restricted patients - Claimants applying to First Tier Tribunal for recommendation for transfer to less restrictive location - First Tier Tribunal declining to consider request - Claimants appealing - Whether legitimate expectation that request would be considered existing - .
Mental health Patient. The claimants were both restricted patients subject to restriction orders under the . They applied to the First Tier Tribunal for a recommendation for transfer to a less restrictive location. The First Tier Tribunal declined to deal with the requests and the claimants appealed, asserting that there was a legitimate expectation that the requests would be considered. The Court of Appeal, Civil Division, dismissed the claimants' appeals on the basis that there was no such legitimate expectation.
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