R (Gisagara) v Upper Tribunal  EWHC 300 (Admin)  EWHC 300 (Admin)
Timing of CTO discharge The RC's evidence to the MHT was that the CTO criteria were met, and that a CTO was an "essential precondition" to discharge as otherwise the patient would not accept medication; she had granted s17 leave while the CTO was being arranged. When the MHT did not discharge him from s3, the patient argued that: (a) the discharge criteria mirror the admission criteria, s3(2)(c) requires detention, and the tribunal had failed to determine whether he was detained or merely liable to be detained; (b) the CTO criteria are incompatible with the detention criteria. In this application for permission to judicially review the Upper Tribunal's refusal of permission to appeal, the Administrative Court decided that: (a) in relation to the principle that the discharge criteria mirror the admission criteria, there was no conflict of authority (the Court of Appeal had repeatedly agreed with the House of Lords on this despite the CA decision to the contrary never having been overruled) so there was no important point of principle; (b) neither was there an arguable case. Permission was therefore refused.