Roger Pezzani acted for the patient, and Stephen Simblet QC acted for Mind, the Mental Health Charity as intervenor.
Stephen Simblet QC was instructed by Rheian Davies, Head of Legal at Mind. Roger Pezzani was instructed by Adam Marley of GT Solicitors and Advocates.
Roger Pezzani for the patient, and Stephen Simblet QC for Mind, the Mental Health Charity as intervenor, succeeded in an appeal against a First Tier Tribunal’s decision to the effect that it no longer had the power to hear a patient’s appeal after his change in status. Although by the time the appeal was decided the patient had ceased to be detained under the Mental Health Act 1983, Upper Tribunal Judge Jacobs still considered it appropriate to determine the point in favour of the appellant. He stated that judicial oversight of detained patients is an important matter and lack of it undermines a central policy in the protection of patients. He held that the First Tier Tribunal’s approach had been wrong.
