MM v WL Clinic  UKUT 644 (AAC)
The summary below has been supplied by Kris Gledhill, Editor of the Mental Health Law Reports. The full report can be purchased from Southside Online Publishing (if there is a "file not found" error, it means this particular report is not yet available online). More similar case summaries from the year 2016 are available here: MHLR 2016.
Whether a restricted patient with capacity could consent to a conditional discharge that involved a deprivation of liberty - MM v (1) WL Clinic and (2) MHU –  MHLR 198
Points Arising: Orders under the Mental Health Act 1983 authorise detention in hospital; a person with capacity could consent to detention outside hospital, and so that could be the outcome of a conditional discharge if consent was given.
Facts and Outcome: MM sought a conditional discharge on the basis of conditions which would involve a deprivation of liberty: but the Tribunal concluded that the consent was not genuine and in any event it could not discharge to a position that was detention. Charles J, in the Upper Tribunal, remitted the matter, finding that the Tribunal had made an error in the legal position, which affected its conclusion as to consent (which in any event was not supported by reasons).