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R (H) v SECRETARY OF STATE FOR THE HOME DEPARTMENT AND ANOTHER

28 June 2002

Mental health review tribunal ordering restricted patient’s conditional discharge: discharge direction deferred for arrangements to be made: whether tribunal having jurisdiction to review discharge where health authority unable to comply with conditions Appeal from Bell J A MENTAL health review tribunal ordered that a restricted patient be conditionally discharged on condition that he be supervised by a psychiatrist. The health authority tried in vain to find a psychiatrist prepared to supervise him in the community. He remained detained. Two years later a different tribunal found that the patient was still mentally ill and should be detained in hospital for treatment. His claim for judicial review, on the basis that his detention for two years violated his rights under Art 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms was refused. He appealed. LORD PHILLIPS OF WORTH MATRAVERS MR, giving the judgment of the court, said th...

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