R (C) v SSHD (2002) EWCA Civ 647
From Mental Health Law Online
HO could not exercise discretion to refer case under s71 after MHRT without good reason; evidence lacking at MHRT hearing was not good reason on the facts; following IH (CA) MHRT remains fully seised of case after a D/C/D; decision to refer quashed. (rough summary)