DA v Central and North West London NHS Foundation Trust [2021] UKUT 101 (AAC)

Removing all conditions of discharge Judicial summary: "On an application under s.75 by a conditionally discharged restricted patient who has to date been subject to conditions there is nothing intrinsically irrational in removing the conditions while maintaining the liability to recall: R (SH) v MHRT [2007] EWHC 884 (Admin)^M and R (SC) v MHRT [2005] EWHC 17 (Admin)^M applied. Nor was there anything irrational in the particular circumstances of this case where the First-tier Tribunal retained liability to recall as a safety net and (though the point was not fully argued) dispensed with the conditions with a view to the patient strengthening his case before a subsequent tribunal. However, the First-tier Tribunal’s reasons failed to meet the legal standard of adequacy, lacking findings as to the likelihood of the appellant becoming unwell and failing to explain why a less restrictive option supported by evidence in some detail from the treating professionals was rejected."

External links

• Judgment on Gov.uk website

CASES DATABASE

Full judgment: BAILII

Subject(s):

• Absolute or conditional discharge cases🔍
• Upper Tribunal decisions🔍

Date: 23/4/21🔍

Court: Upper Tribunal (Administrative Appeals Chamber)🔍

Judge(s):

• Christopher Ward🔍

Parties:

• DA🔍
• Central and North West London NHS Foundation Trust🔍
• Secretary of State for Justice🔍

Citation number(s):

• [2021] UKUT 101 (AAC)^B

What links here:

• Section 37/41: hospital order with restrictions
• Jonathan Wilson, 'Mental health case law: update' (Legal Action, May 2022)

Published: 17/5/21 22:29

Cached: 2024-04-26 00:18:23