View source for AM v Partnerships in Care Ltd (2015) UKUT 659 (AAC), (2015) MHLO 106

''The First-tier Tribunal, on the basis of their finding that the patient had committed two rapes, refused to discharge because sexual understanding and treatment work had not been undertaken. The Upper Tribunal held: (1) The tribunal had made a mistake of fact which undermined its conclusion as to the rapes, which was a fundamental error in the light of which the tribunal’s decision not to discharge could not stand. (2) The tribunal’s decision was made in error of law because of its failure to take into account relevant considerations. It had not scrutinised the evidence carefully or addressed features of the evidence which may cast doubt on the allegations; rather, the reasons gave the impression that, having found that AM lacked credibility generally, the tribunal simply and illogically accepted that the rape allegations were true because they were viewed as credible at the time. (3) A decision as to risk must involve findings of fact, not merely suspicion that an act was done which would be indicative of risk. Although the discharge criteria involve mixed questions of fact and judgement or evaluation, the judgement or evaluation of what is likely to occur must be based on fact. The next tribunal may consider that there are relevant facts other than the alleged rapes.''

==MHLR==
{{MHLR|2016|214}}

==External links==
{{#bailii:[2015] UKUT 659 (AAC)}}

[http://www.osscsc.gov.uk/Aspx/view.aspx?id=4732 OSSCSC] - transcript 

[[Category:Upper Tribunal decisions]]
[[Category:Brief summary]]
[[Category:Transcript]]
[[Category:2015 cases]]