DL-H v Devon Partnership NHS Trust

Citation: [2010] UKUT 102 AAC

The Tribunal gave inadequate reasons for its decision not to discharge the patient; this decision was set aside and a re-hearing directed. In principle, and in this case, it would not be fair and just to restrict the scope of an appeal to the grounds in the application. Discussion of the meaning of mental disorder and its classification for the purposes of the Mental Health Act. Detention is authorised by reference to the twin requirements of treatment and protection, moderated by the word “necessary”; that demanding test provides ample protection without the need for any additional consideration of proportionality. Discussion of “appropriate treatment available” test in context of personality disorder and refusal of treatment.

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Author Victoria Butler-Cole KC Date

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