Source: All England Reporter
Publisher Citation: [2002] All ER (D) 520 (Jul)
Court: Administrative Court
Judge:

Newman J

Representation Martin Chamberlain (instructed by the Treasury Solicitor) for the Secretary of State.
  Shashi Jaisei (instructed by Blavo & Co) for G, as interested party.
Judgment Dates: 31 July 2002

Catchwords

Mental health - Mental health review tribunal - Decision - Reasons for decision - Tribunal not properly completing proforma part of decision - Tribunal accepting evidence of responsible medical officer - Whether reasons adequate - ss 72(1)(b), 73(1)(b), 73(2) - Mental Health Review Tribunal Rules 1983, r 23(2).

The Case

On analysis of the mental health review tribunal's reasons for ordering the deferred conditional discharge of a patient, it was clear that those reasons did not disclose, as required by r23(2) of the Mental Health Review Tribunal Rules 1983, whether or not it was satisfied in relation to the criteria in s72(1) of the nor its reasons for any such decision.

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