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."

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):

What links here:

Published: 17/5/21 22:29

Cached: 2021-06-19 10:09:08