R (P) v Mersey Care NHS Trust [2003] EWHC 994 (Admin)

A Tribunal recommendation for transfer from high to medium security is an important input but is not determinative; the decision whether to use the s17 (leave) and s19 (transfer) powers is for the RC and hospital managers, subject to the consent of the Secretary of State; on the facts, the Article 8 interference was justified and a decision not to transfer was properly open to them.

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