AM v SLAM NHS Foundation Trust [2013] UKUT 365 (AAC)

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"This case gives rise to issues relating to the approach to be taken by the First-tier Tribunal (the FTT) and other decision makers under the Mental Health Act 1983 (the MHA) when treatment and authorisation of a deprivation of liberty of the relevant patient might be given under the Mental Capacity Act 1985 (the MCA). ... Here, the circumstances do not raise issues relating to (a) treatment for mental and/or physical disorder or problems (as in J v Foundation Trust), or (b) discharge from hospital (as in DN). Rather, they relate to whether the Appellant should be discharged from detention under s. 2 because her assessment in hospital for the purposes identified in s. 2 MHA should be carried out and authorised under the MCA and its DOLS." [Summary required.]

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