The tribunal had ordered the conditional discharge of the patient, subject to conditions to be satisfied by the local health authority. The authority had failed to make the arrangements which would have satisfied the relevant conditions, and as a result the patient remained in detention in hospital.
Held: A health or social services authority has a duty to provide a plan for the after care of a patient released from hospital if he was ordinarily resident in the area. Conditions could be imposed on release only given that such a plan was realistic. ‘(i) an authority’s duty to provide aftercare services includes a duty to set up the arrangements that will be required on discharge; it is not a duty that arises for the first time at the moment of discharge; (ii) an authority with a duty to provide aftercare arrangements acts unlawfully by failing to seek to make arrangements for the fulfilment of conditions imposed by a mental health review tribunal under section 73(1); (iii) if such an authority is unable to make the necessary arrangements it must try to obtain them from another authority; (iv) if arrangements still cannot be made an impasse should not be allowed to continue, the case must be referred back to a mental health review tribunal through the Secretary of State.’
Judges:
Scott Baker J
Citations:
Times 20-May-1999, [1999] 4 All ER 883, [1999] EWHC Admin 351, [2000] 1 WLR 1323
Links:
Statutes:
Citing:
Applied – Regina v Ealing District Health Authority, ex parte Fox 1993
A patient’s conditional discharge had been ordered by a tribunal. One of the conditions imposed by the tribunal was the appointment by the health authority of a responsible medical officer to provide psychiatric supervision of the patient in the . .
Cited by:
Appeal from – Regina v Mental Health Review Tribunal; Torfaen County Borough Council and Gwent Health Authority (ex parte Russell Hall) CA 30-Jul-1999
A patient having been convicted of manslaughter eventually applied for release. The authorities were concerned that he might have a spontaneous recurrence of his condition, but delayed preparation of a plan for his release. The Tribunal refused to . .
Cited – Regina (W) v Doncaster Metropolitan Borough Council Admn 13-Feb-2003
The claimant sought damages for false imprisonment. The mental health tribunal had ordered his release, but the respondent had delayed that release.
Held: False imprisonment is established on proof of imprisonment without lawful authority. An . .
Cited – Regina (on the application of K) v Camden and Islington Health Authority CA 21-Feb-2001
The duty of a local authority to seek to provide resources to care for a mental patient after release into the community, is not absolute, and is subject to the limitations of the availability of a sufficient budget. A continued detention in . .
Lists of cited by and citing cases may be incomplete.
Health
Updated: 28 May 2022; Ref: scu.139615