R (RB) v First-tier Tribunal (Review) [2010] UKUT 160 (AAC)

RB was conditionally discharged with a condition that he should not leave a care home without an escort; the MoJ sought a review on the basis that the condition constituted a deprivation of liberty and there was therefore no lawful discharge; the Regional Tribunal Judge set aside the conditional discharge, remitted the case to the First-tier Tribunal, and refused permission to appeal to the Upper Tribunal. (1) It is only appropriate for the First-tier Tribunal to exercise its set-aside powers where there has been a clear error of law; where the legal points are contentious the case should be allowed to proceed to the Upper Tribunal. (2) The RTJ's decisions were quashed/set aside, and permission was given to the MoJ to appeal against the conditional discharge.

Related judgments

SSJ v RB [2011] EWCA Civ 1608

• SSJ v RB [2010] UKUT 454 (AAC)

• R (RB) v First-tier Tribunal (Review) [2010] UKUT 160 (AAC)

Other related cases:

• R (SSHD) v MHRT, re PH [2002] EWCA Civ 1868

• R (SSHD) v MHRT, re PH [2002] EWHC 1128 (Admin)

• R (G) v Mental Health Review Tribunal [2004] EWHC 2193 (Admin)
• R (SSHD) v MHRT, re MP (2004) EWHC 2194
• R (IT) v SSJ [2008] EWHC 1707 (Admin)

Notes

The summary above is based on an information sheet (see link below) rather than the judgment itself.

Thanks

Thanks to Philippa Curran (O'Donnells Solicitors) for providing the judgment.

External link

BAILII

Information sheet from O'Donnells Solicitors

Cases pending before Three-Judge Panels - updated 20/8/10 - Whether it is lawful to conditionally discharge a restricted patient on conditions that he reside in a care home and not leave it without an escort - an oral hearing will be held on 29/9/10