R (DK) v SSJ (2010) EWHC 82 (Admin)

DK's s47 transfer was based on the report of a doctor and a psychologist which dealt with the treatability of his psychopathic disorder, and three proforma reports from doctors which did not deal with treatability. As treatability was not addressed, with reasons, by two medical practitioners, the transfer decision was quashed. [Caution: decided before 2007 Act amendments.]

Caution

The transfer in this case took place before 3/11/08 when s47 was amended by the Mental Health Act 2007. The legal category of psychopathic disorder no longer exists and the treatability test is no longer included in s47. For further details see:

• Appropriate treatment test replaces treatability test and applies to all patients under long-term detention 3/11/08

Related judgments

• R (TF) v SSJ [2008] EWCA Civ 1457 applied

External link

Bailii - titled on Bailii as R (DK) v SSHD [2010] EWHC 82 (Admin)^B