Re E (2020) MHLO 52 (FTT): Difference between revisions

Revision as of 11:54, 8 October 2021

Condition removed from conditional discharge The tribunal added a condition to the written reasons which was not stated at the hearing: "Abide by the rules applicable to such accommodation in particular to sleep there every night and not to have overnight guests." There had been a clear error of law and the condition was removed: (a) the tribunal had failed to address in its decision why it had made the conditions it made; (b) it was required to provide a brief explanation; (c) it was also required to announce the conditions that the patient was subject to in exact terms, which was crucial given that the patient was being conditionally discharged immediately. [First-tier Tribunal decisions are useful but not binding.]

Thanks

Thanks to Karen Wolton (Wolton & Co Solicitors) for providing the decision.

CASES DATABASE

Full judgment: No Bailii link (neutral citation is unknown or not applicable)
Download here

Subject(s):

Discharge conditions cases🔍
First-tier Tribunal decisions🔍

Date: 9 September 2020🔍

Court: First-tier Tribunal🔍

Parties:

E🔍

Citation number(s):

What links here:

Cases per year

Published: 20/10/20 22:08

Cached: 2025-07-26 02:20:44

@@ Line 4: / Line 4: @@
 |Parties=E
 |Sentence=Condition removed from conditional discharge
-|Summary=''The tribunal added a condition to the written reasons which was not stated at the hearing: "Abide by the rules applicable to such accommodation in particular to sleep there every night and not to have overnight guests." There had been a clear error of law and the condition was removed: (a) the tribunal had failed to address in its decision why it had made the conditions it made; (b) it was required to provide a brief explanation; (c) it was also required to announce the conditions that the patient was subject to in exact terms, which was crucial given that the patient was being conditionally discharged immediately.'' [First-tier Tribunal decisions are useful but not binding.]
+|Summary=The tribunal added a condition to the written reasons which was not stated at the hearing: "Abide by the rules applicable to such accommodation in particular to sleep there every night and not to have overnight guests." There had been a clear error of law and the condition was removed: (a) the tribunal had failed to address in its decision why it had made the conditions it made; (b) it was required to provide a brief explanation; (c) it was also required to announce the conditions that the patient was subject to in exact terms, which was crucial given that the patient was being conditionally discharged immediately. [First-tier Tribunal decisions are useful but not binding.]
 |Detail===Thanks==
 {{thanks|Wolton, Karen|Wolton & Co Solicitors|providing the decision}}