R (SR) v Huntercombe Maidenhead Hospital [2005] EWHC 2361 (Admin)

Hospital managers and dangerousness Usually the managers should discharge if they disagree with the RMO's barring report, but there can be exceptions; they have an unfettered discretion.

Summary

Hospital managers discharged SR from section. Decision to discharge quashed because (a) discretion fettered by the assumption that disagreeing with the RMO automatically led to duty to discharge and (b) the decision itself was irrational.

See also

• Dangerousness criterion

CASES DATABASE

Full judgment: BAILII

Subject(s):

• Hospital managers hearings🔍
• Other NR cases🔍

Date: 21/9/05🔍

Court: High Court (Administrative Court)🔍

Judge(s):

• Jackson🔍

Parties:

• SR🔍
• Huntercombe Maidenhead Hospital🔍
• London Borough of Hackney🔍
• East London and City Mental Health NHS Trust🔍

Citation number(s):

• [2005] EWHC 2361 (Admin)^B

What links here:

• Mental health caselaw archive
• R v Riverside Mental Health Trust, ex p Huzzey [1998] EWHC Admin 465
• Dangerousness criterion

Published: 12/4/06 20:26

Cached: 2024-04-19 02:09:01