DA v Central and North West London NHS Foundation Trust: [2021] UKUT 101 (AAC)
Upper Tribunal Administrative Appeals Chamber decision of Judge Ward on 23 April 2021.
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Judicial Summary
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.