View source for DL-H v Partnerships in Care (2013) UKUT 500 (AAC), (2013) MHLO 93

''This is the latest in a series of cases considering personality disorder, refusal to engage in treatment, and the question of whether the 'appropriate medical treatment is available' test in s72 is met. (1) Refusal to engage is not decisive but is potentially a relevant factor that has to be taken into consideration - although a patient may well continue to satisfy the conditions for detention despite refusing to engage. (2) In this case, the tribunal did not seem to have asked itself whether the deterioration after recall might not have been a response to detention rather than a manifestation of his mental disorder: this was relevant to the questions of 'nature/degree' and of whether the available treatment was appropriate, so the decision was set aside.''

==Related judgments==
[[DL-H v Partnerships in Care (2013) UKUT 500 (AAC), (2013) MHLO 93]]

[[DL-H v Devon Partnership NHS Trust (2010) UKUT 102 (AAC)]]

==External link==
{{#bailii:(2013) UKUT 500 (AAC)}}

[http://www.osscsc.gov.uk/Aspx/view.aspx?id=3971 Transcript on OSSCSC website]

[[Category:Reasons]]
[[Category:Upper Tribunal decisions]]
[[Category:Brief summary]]
[[Category:Transcript]]
[[Category:2013 cases]]