R (X) v SSJ [2009] EWHC 2465 (Admin)

The Secretary of State had rejected an application for escorted community leave because of the nature of the index offence and the perspective of the victim's family. (1) The decision was quashed because neither the question of risk to others nor the positive benefits to the patient had been considered (irrationality, failure to take into account relevant considerations and considering irrelevant ones). (2) The reasons presented in the summary grounds of defence were patently not the reasons for the decision.

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