Source: All England Reporter
Publisher Citation: [2001] All ER (D) 157 (Feb)
Court: Administrative Court
Judge:

Elias J

Representation Kris Gledhill (instructed by Bell Wright & Dollman, Gainsborough) for K.
  Kristina Stern (instructed by Hempsons, Harrogate) for the hospital authority.
Judgment Dates: 14 February 2001

Catchwords

Mental health - Patient - Discharge from hospital - Psychopathic disorder - Treatability - Patient suffering from psychopathic disorder transferred to hospital following release from prison - Psychiatrist of opinion only limited likelihood medical treatment likely to alleviate or prevent deterioration in condition - Whether transfer direction lawful.

The Case

It was plain from the cases of R v Canons Park Mental Health Review Tribunal, ex p A and Reid v Secretary of State for Scotland that the concept of treatability in the was a very wide one and that the responsible medical officer making an assessment could look to the future when considering whether the treatment was likely to alleviate or prevent deterioration in his condition.

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