RP v Dudley & Walsall Mental Health Partnership NHS Trust and The Secretary of State for Justice [2016] UKUT 0204 (AAC)
| Jurisdiction | UK Non-devolved |
| Judge | UTJ Jacobs |
| Judgment Date | 26 April 2016 |
| Neutral Citation | [2016] UKUT 204 (AAC) |
| Court | Upper Tribunal (Administrative Appeals Chamber) |
| Docket Number | HM/1556/2015 |
| Date | 26 April 2016 |
Neutral Citation: [2016] UKUT 0204 (AAC)
Court and Reference: Upper Tribunal (AAC)
Judge: UTJ Jacobs
HM/1556/2015
Issue: Whether maintaining a conditional discharge breached Art 8 ECHR.
Facts: RP had a diagnosis of schizophrenia. He was made subject to hospital and restriction orders under ss37/41 Mental Health Act in 2010 for offences of violence. He was conditionally discharged in September 2011. He challenged a February 2015 Tribunal decision to maintain in place several conditions, including residence, accepting medication if directed, abstaining from drugs, steroids and excessive alcohol, and submitting to random testing for drug, steroid and alcohol consumption. He had been out of hospital for some 31/2 years and off medication for a year; his Responsible Clinician considered that his GP could manage him; however, whilst his family and best friend were aware that he was conditionally discharged, bit not his partner. The Tribunal determined that the possibility of recall was necessary (the pre-requisite for a conditional as opposed to an absolute discharge) as there was a risk of relapse and inadequate evidence of a suitable safety net in that eventuality. RP was granted permission to appeal to argue that Art 8 ECHR was breached; although an oral hearing was directed, public funding was not granted and so the matter was dealt with on the basis of the written grounds.
Save for the cover sheet, this decision may be made public (r14(7) of the Tribunal Procedure (Upper Tribunal) Rules 2008 (SI No 2698)). That sheet is not formally part of the decision and identifies the patient by name.
This decision is given under s11 of the Tribunals, Courts and Enforcement Act 2007: The decision of the First-tier Tribunal under reference MP/2014/30090, made on 19 February 2015 at Bushey Fields Hospital, did not involve the making of an error on a point of law.
1. The patient was born in 1989 and has a diagnosis of paranoid schizophrenia. Following conviction for offences of violence in 2010, he was made the subject of hospital and restriction orders under ss37 and 41 of the Mental Health Act 1983. He was conditionally discharged in September 2011. His case came before the First-tier Tribunal on 19 February 2015 when the tribunal decided that the conditional discharge should continue. It confirmed the conditions that were in place at the time of the hearing:
The patient shall reside where directed by his Responsible Clinician.
The patient shall accept medication and any other form of medical treatment prescribed by his Responsible Clinician or any other member of the clinical team.
The patient shall make himself available for assessment by and cooperate with his Social Supervisor and his Responsible Clinician or his duly appointed deputy.
The patient shall abstain from using illicit drugs and steroids. He is also to refrain from the consumption of alcohol to excess.
The patient is to submit to random testing for illicit drugs, steroids or alcohol consumption if required to do so by any member of the clinical team.
2. The patient applied for permission to appeal to the Upper Tribunal, arguing that the First-tier Tribunal had made errors of law by:
failing to comply with his Convention right under Art 8;
failing to apply the least restrictive option...
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RP v Dudley and Walsall Mental Health Partnership NHS Trust and the Secretary of State for Justice
...DUDLEY & WALSALL MENTAL HEALTH PARTNERSHIP NHS TRUST AND THE SECRETARY OF STATE FOR JUSTICE [2016] UKUT 0204 (AAC) UPPER TRIBUNAL CASE NO: DECISION OF THE UPPER TRIBUNAL (ADMINISTRATIVE APPEALS CHAMBER) Save for the cover sheet, this decision may be made public (rule 14(7) of the Tribunal P......