R (RB) v First-tier Tribunal (Review) [2010] UKUT 160 (AAC)

RB was conditionally discharged with a condition that he should not leave a care home without an escort; the MoJ sought a review on the basis that the condition constituted a deprivation of liberty and there was therefore no lawful discharge; the Regional Tribunal Judge set aside the conditional discharge, remitted the case to the First-tier Tribunal, and refused permission to appeal to the Upper Tribunal. (1) It is only appropriate for the First-tier Tribunal to exercise its set-aside powers where there has been a clear error of law; where the legal points are contentious the case should be allowed to proceed to the Upper Tribunal. (2) The RTJ's decisions were quashed/set aside, and permission was given to the MoJ to appeal against the conditional discharge.

Related judgments

SSJ v RB [2011] EWCA Civ 1608

Other related cases:


The summary above is based on an information sheet (see link below) rather than the judgment itself.

External link


Information sheet from O'Donnells Solicitors

Cases pending before Three-Judge Panels - updated 20/8/10 - Whether it is lawful to conditionally discharge a restricted patient on conditions that he reside in a care home and not leave it without an escort - an oral hearing will be held on 29/9/10