QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
B e f o r e :
|THE QUEEN ON THE APPLICATION OF B||(CLAIMANT)|
|THE MENTAL HEALTH TRIBUNAL||(DEFENDANT)|
|CAMDEN AND ISLINGTON MENTAL AND SOCIAL CARE TRUST||(SECOND INTERESTED PARTY)|
Smith Bernal Wordwave Limited
190 Fleet Street London EC4A 2AG
Tel No: 020 7404 1400 Fax No: 020 7831 8838
(Official Shorthand Writers to the Court)
MISS F MORRIS appeared on behalf of the OFFICIAL SOLICITOR
MR J HYAM appeared on behalf of the First Interested Party
MR M MULLINS appeared on behalf of the Second Interested Party
Crown Copyright ©
"We have delayed the discharge by 5 weeks to enable [the claimant] together with [the patient's] clinical team and social services to work together to arrange an appropriate aftercare package to enable [the patient's] return to the community."
It is contended that that deferral of discharge was unlawful as being an improper and unlawful use of the power contained in section 72(3) of the 1983 Act.
"The Tribunal shall direct the discharge of a patient liable to be detained, otherwise than under section 2 above, if they are not satisfied...
(3) In the case of an application, by virtue of paragraph (g) of section 66(1) above, for the patient to be released would be likely to act in a manner dangerous to other persons or to himself."
The application by a nearest relative for the discharge of a patient detained under section 3 is an application by virtue of paragraph (g) of section 66(1) of the Act. Therefore, it is necessary, if the patient is not to be discharged, in such a case for the Tribunal to be satisfied that the patient would, if released, be likely to act in a manner dangerous to other persons or to himself or herself.
"A tribunal may under subsection (1) above direct the discharge of a patient from a future date specified in the direction, and where a tribunal do not direct the discharge of a patient under that subsection the tribunal may-
(a) with a view to facilitating his discharge on a future date recommend that he be granted leave of absence, or transferred to another hospital, into guardianship, and
(b) further consider his case in the event of such recommendation not being complied with."
"We have delayed the discharge by 5 weeks to enable [the claimant] together with the clinical team and social services to work together to arrange an appropriate aftercare package to enable the patient's return to the community."