Upper Tribunal (Administrative Appeals Chamber)

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You are here: BAILII >> Databases >> Upper Tribunal (Administrative Appeals Chamber) >> DA v Central and North West London NHS Foundation Trust (Mental health) [2021] UKUT 101 (AAC) (23 April 2021)
URL: http://www.bailii.org/uk/cases/UKUT/AAC/2021/101.html
Cite as: [2021] UKUT 101 (AAC), [2022] MHLR 72

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DA v Central and North West London NHS Foundation Trust [2021] UKUT 101 (AAC) (23 April 2021)

On an application under s.75 by a conditionally discharged restricted patient who has to date been subject to conditions there is nothing intrinsically irrational in removing the conditions while maintaining the liability to recall: R(SH) v MHRT [2007] EWHC 884 (Admin) and R(SC) v MHRT [2005] EWHC 17 (Admin) applied. Nor was there anything irrational in the particular circumstances of this case where the First-tier Tribunal retained liability to recall as a safety net and (though the point was not fully argued) dispensed with the conditions with a view to the patient strengthening his case before a subsequent tribunal. However, the First-tier Tribunal's reasons failed to meet the legal standard of adequacy, lacking findings as to the likelihood of the appellant becoming unwell and failing to explain why a less restrictive option supported by evidence in some detail from the treating professionals was rejected.

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