Source: All England Reporter
Publisher Citation: [2006] All ER (D) 190 (Oct)
Court: Queen's Bench Division (Administrative Court)
Judge:

Collins J

Representation Roger Pezzani (instructed by CGM Solicitors) for the claimant.
  Tim Ward (instructed by the Treasury Solicitor) for the tribunal.
Judgment Dates: 17 October 2006

Catchwords

Mental health - Mental health review tribunal - Proceedings - Reconsideration after non-compliance with recommendation - Whether applicant able to withdraw application to tribunal after recommendation made - Whether 'application' ceasing to exist after application made - , ss 65(1), 66, 72(3) - Mental Health Review Tribunal Rules 1983, SI 1983/942, rr 18, 19.

The Case

On its true construction, the phrase 'his case' in s72(3)(b) of the Mental Health Act 1982 meant the patient's 'application' to the mental health tribunal. Accordingly, that application, and the tribunal's powers in respect of 'applications', remained extant after the tribunal had made a recommendation under that provision. As the tribunal had to agree to the withdrawal of an application as an exercise of its judicial function, it could refuse to accept a withdrawal if it was merely a tactical ploy and not in the best interests of the patient.

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