Source: All England Reporter
Publisher Citation: [2002] All ER (D) 457 (Jul)
Neutral Citation: [2002] EWHC 1618 (Admin)
Court: Administrative Court

Crane J

Representation Paul Bowen (instructed by Scott-Moncrief Harbour & Sinclair) for the claimant.
  Steven Kovats (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 30 July 2002


Mental health - Mental health review tribunal - Discharge of restricted patient - Discharge - Decision directing conditional discharge of restricted patient - Direction subject to arrangements being made for accommodation of patient - Hostel requiring six-week assessment period - Secretary of State refusing to consent to leave of absence in principle - Appropriate mechanism for stays in community following conditional discharge by tribunal - Whether Secretary of State entitled to attach conditions to consent to leave of absence - ss 17, 41(3)(c)(i), 42(2), 73.

The Case

Although neither s17 nor s41(3) of the provided, in terms, for the Secretary of State to attach conditions to his consent to a grant of leave of absence from a hospital under s17, there was no reason why the Secretary of State could not in law decline to give consent unless suitable conditions were imposed on the patient by the responsible medical officer. The giving of leave under s17 should be the normal method under the Act to provide for overnight stays in a hostel. Furthermore, it was possible to read the provisions of s41(3)(c)(i) in a way that rendered the operation of that provision and s17 compatible with art5 of the European Convention on Human Rights.

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