||All England Reporter
|| All ER (D) 13 (Jul)
Sir Richard Tucker
||Hugh Southey (instructed by Roberts Moore Nicholas Jones) for the claimant.
||Oliver Thorold (instructed by Reid Minty) for the defendant authority.
||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.
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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