SF v Avon and Wiltshire Mental Health Partnership NHS Trust and RB: [2023] UKUT 205 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Church on 15 August 2023.

Read the full decision in UA-2022-000062-HM.

Judicial Summary

Conditions to continued detention - Mental Health Act 1983 s72(1)(b)(iia) – requirement that ‘appropriate medical treatment’ be available in hospital – whether treatment provided with the aim of keeping the patient ‘physically well, safe and protect those seeking to care for her’ (but no more) satisfied the requirement for therapeutic intent – whether the tribunal was entitled to find that the treatment available in hospital was ‘appropriate’ in circumstances where it had identified treatment which it found to be “essential” but that treatment was not available in the hospital where the patient was detained.

Published 11 October 2023