R (W) v Dr Larkin [2012] EWHC 556 (Admin), [2012] MHLO 23

A warrant for the claimant's transfer to prison was issued on the RC's advice in the context of Broadmoor's DSPD unit being about to close on 29/3/12. (1) It is not unlawful for an RC to tick both the 'no longer requires treatment in hospital for mental disorder' and the 'no effective treatment for his disorder can be given in the hospital to which he has been removed' boxes on the s50 proforma. (2) There was no evidence that the views expressed on the form were not those of the RC or that he had subordinated his clinical judgment to expediency or national strategies. (3) No relief would have been granted even had there been unlawfulness: the claimant had to leave Broadmoor, no MSU would then take him, so he had to return to prison in any event.


Before: Ouseley J

Decision: 22/2/12

Mr T Baldwin (instructed by Scott Moncrieff) appeared on behalf of the Claimant

Ms V Butler Cole (instructed by Capsticks Solicitors) appeared on behalf of the 1st Defendant

Mr J Hyam (instructed by the Treasury Solicitor) appeared on behalf of the 2nd Defendant

R (W) v (1) Dr Fintan Larkin (2) SSJ

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