SS v Cornwall Partnership NHS Foundation Trust (Mental Health): [2023] UKUT 258 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Church on 22 October 2023.
Read the full decision in .
Judicial Summary
This appeal is about when a tribunal must adjourn to seek information on aftercare that would be available to a patient should the tribunal exercise its power of discharge.
The same issue was considered by the Upper Tribunal in AM v West London Mental Health NHS Trust and Secretary of State for Justice [2012] UKUT 382 (AAC). However, unlike in AM v West London, in this case there was compelling and uncontradicted evidence that discharge into the community was a realistic alternative to detention in hospital provided that suitable aftercare was available.
Published 22 November 2023