ML v Priory Group Limited and Secretary of State for Justice (Mental Health): [2023] UKUT 237 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Church on 20 September 2023.
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Judicial Summary
Conditions to continued detention - Mental Health Act 1983 s72(1)(b) – conditional discharge of restricted patient - where in issue, it is incumbent on the First-tier Tribunal to deal with the potential availability of a less restrictive alternative to continued detention under Mental Health Act even in context of uncertainty as to the availability of a Mental Capacity Act authorisation. MC v Cygnet followed. Emphasises that criteria in section 72(1)(b) all relate to the purpose of medical treatment for mental disorder. To satisfy the section 72(1) Mental Health Act criteria, the necessity of detention must relate to the therapeutic endeavour, no matter how grave the risks may be.