Source: All England Reporter
Publisher Citation: [2013] All ER (D) 95 (May)
Court: Court of Appeal, Civil Division

Laws, Rimer and Beatson LJJ (judgment delivered extempore)

Representation Roger Pezzani (instructed by Guile Nicholas) for the claimants.
  Martin Chamberlain QC (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 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 - .

The Case

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.

Practice Areas

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