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R (H) v ASHWORTH HOSPITAL AUTHORITY

Mental health patient: discharge by mental health review tribunal: subsequent detention by hospital authority Appeal from Stanley Burnton J

13 September 2002

H was detained under s 3 of the Mental Health Act 1983 at a hospital until 22 March 2001, when a mental health review tribunal ordered his discharge. The hospital authority, however, decided that he should continue to be detained for treatment. The judge refused H’s application for judicial review of the authority’s decision. H appealed. DYSON LJ said that the question of principle raised by the appeal was what steps were open to mental health professionals if they were faced with a tribunal decision for immediate discharge which they honestly and reasonably believed was perverse. In the absence of material circumstances of which the tribunal was not aware when it ordered discharge, it was not open to the professionals to resection the patient without first seeking judicial review of the order. MUMMERY LJ and SIMON BROWN LJ agreed. Appeal allowed. Appearances: Paul Walker QC and Jonathan Butler (Hogans) for H; Nigel Pleming QC and Alison Foster QC (Morgan Cole) for ...

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