DB v Betsi Cadawaldr University Health Board
| Jurisdiction | UK Non-devolved |
| Judge | UTJ Jacobs |
| Judgment Date | 03 March 2021 |
| Neutral Citation | [2021] UKUT 53 (AAC) |
| Docket Number | HMW/1727/2020 |
| Year | 2021 |
| Court | Upper Tribunal (Administrative Appeals Chamber) |
Neutral Citation: [2021] UKUT 53 (AAC)
Judge: UTJ Jacobs
HMW/1727/2020
Court and Reference: Upper Tribunal (AAC);
Facts: DB had been placed under s3 Mental Health Act 1983, his diagnosis being bipolar affective disorder. Since release on s17 leave on 28 October 2019, he had lived in a care home and had not visited hospital; a Community Treatment Order was not thought appropriate. On 29 September 2020, the Mental Health Tribunal for Wales upheld liability to detention, the test under s72 of the 1983 Act, in light of the fluctuating nature of DB's disorder, detectable symptoms, likelihood of him discontinuing medication and moving from the care home if not subject to s3, and risk to himself and others from his tendency to become aggressive. The Tribunal found that there was appropriate treatment in the form of medication, support and continuous review whilst in the care home, an appropriate setting. Permission to appeal was granted by the Tribunal, the question raised being the proper decision when a patient was on leave, not attending hospital, but compliance with medication was secured by the prospect of recall.
Representatives: A Howarth of GHP Legal for DB; the Health Board did not appear.
As the decision of the Welsh tribunal involved the making of an error in point of law, it is SET ASIDE under s12(2)(a) and (b)(i) of the Tribunals, Courts and Enforcement Act 2007 and the case is REMITTED to the tribunal for rehearing by a differently constituted panel.
1. What decision should a tribunal make if a patient is on leave and not attending a hospital but the clinical team believes that the discipline of recall is necessary to ensure compliance with medication?
2. The patient came before the Welsh tribunal on 29 September 2020, seeking discharge. He was liable to be detained under s3 of the Mental Health Act 1983, but had been on leave under s17 from 28 October 2019 and had not set foot in a hospital since that date. His ‘virtual bed’, as his solicitor has called it, was at 2 different hospitals during his leave. He was living in a care home with supervised leave in the community. His solicitor argued that it was not appropriate for him to remain liable to be detained, since his care package did not contain a significant component of hospital treatment.
3. The tribunal found that it was appropriate for the patient to remain liable to detention on account of ‘the fluctuating nature of his Bipolar Affective Disorder and the evidence that his symptoms are still detectable’. It...
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DB v Betsi Cadawaldr University Health Board
...BETSI CADAWALDR UNIVERSITY HEALTH BOARD [2021] UKUT 53 (AAC) Rule 14(7) of the Tribunal Procedure (Upper Tribunal) Rules 2008 (SI No 2698)) provides that the names of any persons concerned in this case must not be made public, unless the Upper Tribunal directs otherwise. THE UPPER TRIBUNAL ......