Difference between revisions of "DL-H v Partnerships in Care (2013) UKUT 500 (AAC), (2013) MHLO 93"

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==External link==
 
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[http://www.osscsc.gov.uk/Aspx/view.aspx?id=3971 Transcript on OSSCSC website]
 
[http://www.osscsc.gov.uk/Aspx/view.aspx?id=3971 Transcript on OSSCSC website]

Latest revision as of 23:43, 30 October 2016

This is the latest in a series of cases considering personality disorder, refusal to engage in treatment, and the question of whether the 'appropriate medical treatment is available' test in s72 is met. (1) Refusal to engage is not decisive but is potentially a relevant factor that has to be taken into consideration - although a patient may well continue to satisfy the conditions for detention despite refusing to engage. (2) In this case, the tribunal did not seem to have asked itself whether the deterioration after recall might not have been a response to detention rather than a manifestation of his mental disorder: this was relevant to the questions of 'nature/degree' and of whether the available treatment was appropriate, so the decision was set aside.

Related judgments

DL-H v Partnerships in Care [2013] UKUT 500 (AAC), [2013] MHLO 93

DL-H v Devon Partnership NHS Trust [2010] UKUT 102 (AAC)

External link

BAILII!

Transcript on OSSCSC website