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ARTICLE · 25 MARCH 2011

Ruling To Shine A Light On The Mental Health System

Duncan Lewis Solicitors
Duncan Lewis Solicitors
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Duncan Lewis Solicitors

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The Upper Tribunal took a landmark decision, following an application on AH’s behalf by Duncan Lewis, by ordering that the First-tier Mental Health Tribunal hold a public hearing of AH's application for discharge from hospital, establishing the important principle that open justice should extend to the usually private setting of mental health tribunals.

United KingdomConsumer Protection
Kate Luscombe
Kate Luscombe

The Upper Tribunal took a landmark decision, following an application on AH's behalf by Duncan Lewis, by ordering that the First-tier Mental Health Tribunal hold a public hearing of AH's application for discharge from hospital, establishing the important principle that open justice should extend to the usually private setting of mental health tribunals.1

AH's case is simple. Convicted of two counts of attempted wounding, he has been deprived of his liberty for more than 24 years, often in high security at considerable public expense. Over time, he has expressed concerns about the legal grounds for detention, specifically his diagnosis of mental illness and the administration of medication by force.

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