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As the decision of the First-tier Tribunal (made on 28 June 2010 under reference MP/2010/02300) involved the making of an error in point of law, it is SET ASIDE under section 12(2)(a) and (b)(i) of the Tribunals, Courts and Enforcement Act 2007 and the case is REMITTED to the tribunal for rehearing by a differently constituted panel.
A. Save for the cover sheet, this decision may be made public (rule 14(7) of the Tribunal Procedure (Upper Tribunal) Rules 2008 (SI No 2698)). That sheet is not formally part of the decision and identifies the patient by name.
B. The tribunal must undertake a complete reconsideration of the issues that are raised by the patient�s application under the Mental Health Act 1983.
C. In doing so, the tribunal must consider the patient�s circumstances as they are at the date of the rehearing.
The patient is detained under section 3 of the Mental Health Act 1983. It is not necessary to set out his background or the evidence. It is sufficient to say that on 27 January 2010, he applied to the First-tier Tribunal for his detention to be considered. He was represented at the hearing by Ms Drane of Wolton & Co (Solicitors). Her instructions were to ask the tribunal to make a recommendation for a community treatment order under section 72(3A)(a):
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