DB v Betsi Cadwaladr University Health Board [2021] UKUT 53 (AAC)

Discharge from long s17 leave (1) For it to remain "appropriate for [a patient] to be liable to be detained in a hospital for medical treatment" a significant component of his treatment must be in hospital. Liability to detention is not a fallback when other options (e.g. CTO, C/D, MCA) are unsuitable or unavailable: if the statutory conditions for (liability to) detention are not met, the tribunal must direct discharge. (2) The patient in this case had been on s17 leave for 11 months without any contact with any hospital. The tribunal should have analysed the components of his treatment, as broadly defined in s145, then decided the extent to which they were being delivered in hospital, but had failed to do so. (3) The case was remitted to the MHRT for Wales.

Note

Spelt as "Betsi Cadawaldr" in the written judgment.

Date

Published on Judiciary website on 7/4/21 and BAILII on 11/4/21.

Note

This case also illustrates a potential problem of using extended s17 leave to get round difficulties caused by Article 5. Though "hospital" (KL v Somerset Partnership NHS Foundation Trust [2011] UKUT 233 (AAC)) and "treatment" (SL v Ludlow Street Healthcare [2015] UKUT 398 (AAC)) have been defined broadly.

CASES DATABASE

Full judgment: No Bailii link (neutral citation is unknown or not applicable)

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Date: 3/3/21🔍

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Published: 7/4/21 19:21

Cached: 2021-04-16 16:34:06