WH v Llanarth Court Hospital (Partnerships in Care) (Mental health : All)

Save for the cover sheet, this decision may be made public [rule 14(7) of the Tribunal Procedure (Upper Tribunal) Rules 2008]. That sheet is not formally part of this decision and identifies the patient by name.

This decision is given under sections 12(2)(a), 12(2)(b)(i) and 12(3) of the Tribunals, Courts and Enforcement Act 2007.

The decision of the Mental Health Review Tribunal for Wales [�the tribunal�] on 12 February 2015 involved the making of an error on a point of law and that decision is set aside. The matter is remitted to the Mental Health Review Tribunal for Wales for rehearing before a differently constituted tribunal.

I invite the tribunal to consider using its powers to transfer this case to the First-tier Tribunal (Mental Health) of the Health, Education and Social Care Chamber as the patient is presently detained in hospital in England.

In advance of the rehearing, updated reports from the patient�s Responsible Clinician, the nursing staff and the patient�s care co-ordinator are to be obtained. The new tribunal must consider all aspects of the case, both fact and law, afresh and in accordance with the guidance set out in this decision.