Source: All England Reporter
Publisher Citation: [2002] All ER (D) 13 (Jul)
Court: Administrative Court

Sir Richard Tucker

Representation Hugh Southey (instructed by Roberts Moore Nicholas Jones) for the claimant.
  Oliver Thorold (instructed by Reid Minty) for the defendant authority.
Judgment Dates: 1 July 2002


Mental health - Patient - Transfer of patient - Patient classified by mental health review tribunal as suffering mental illness - Defendant hospital authority diagnosing psychopathic disorder and transferring claimant for treatment accordingly - Whether statutory reference to 'mental disorder' referring to formal classification of tribunal or actual disorder - s 63.

The Case

On its true construction, the words 'the mental disorder' in s63 referred to the actual disorder from which the patient suffered, not necessarily the formal classification of the tribunal; moreover, it was possible to receive a dual classification of both mental illness and psychopathic disorder. It was a matter for the professional judgment of the doctors responsible for the claimant to give treatment according to their diagnosis.

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