Upper Tribunal (Administrative Appeals Chamber)

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You are here: BAILII >> Databases >> Upper Tribunal (Administrative Appeals Chamber) >> AR v West London NHS Trust and the Secretary of State for Justice (Mental health) [2020] UKUT 273 (AAC) (10 September 2020)
URL: http://www.bailii.org/uk/cases/UKUT/AAC/2020/273.html
Cite as: [2021] PTSR 405, [2020] UKUT 273 (AAC), [2020] WLR(D) 597, [2021] MHLR 168

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AR v West London NHS Trust and the Secretary of State for Justice [2020] UKUT 273 (AAC) (10 September 2020)

On an application for a public hearing in a mental health case:

The capacity to conduct proceedings is to be assessed as a whole, provided the patient’s capacity is not fluctuating.

Guidance on the salient factors that the patient should understand in order to have capacity to apply for a public hearing.

There is power to hold a public hearing, even if the patient lacks capacity to have an informed view. AH v West London Mental Health Trust [2011] AACR 15 explained.

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