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The Upper Tribunal’s Administrative Appeals Chamber is the court from which most mental health law in England and Wales, and also the other parts of the UK, will come. Its first substantive decision on a mental health matter was handed down on 8 January 2009, and contains useful guidance on an important matter, namely the process for the disclosure of a patient’s medical records when the detaining hospital does not wish to release the entirety of the records; and it also touches on various other aspects of the new appeal process and the procedural code applicable as from 3 November 2008. For these reasons, a comment on the decision is worthwhile, both to outline the new regime and because the decision involves several matters of interest2.

The First Flight of the Fledgling: the Upper Tribunal’s Substantive Debut