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Re-sectioning after tribunal discharge

An AMHP may not lawfully apply for the admission of a patient whose discharge has been ordered by a decision of a Tribunal of which the AMHP is aware unless he has formed the ‘reasonable and bona fide opinion that he has information not known to the tribunal which puts a significantly different complexion on the case as compared with that which was before the tribunal’ (R (von Brandenburg) v East London and City MH NHS Trust [2003] UKHL 58M).

The same principle applies to discharge at a hospital managers’ hearing (see South Staffordshire and Shropshire Healthcare NHSFT v Hospital Managers of St George's Hospital [2016] EWHC 1196 (Admin)M).

If the Trust believes the Tribunal’s decision is legally flawed, the Trust should appeal it instead of re-sectioning the patient (R (Ashworth) v MHRT; R (H) v Ashworth [2002] EWCA Civ 923M).

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