R (SR) v Huntercombe Maidenhead Hospital [2005] EWHC 2361 (Admin)

Usually the managers should discharge if they disagree with the RMO's barring report, but there can be exceptions; they have an unfettered discretion.

Summary

Hospital managers discharged SR from section. Decision to discharge quashed because (a) discretion fettered by the assumption that disagreeing with the RMO automatically led to duty to discharge and (b) the decision itself was irrational.

External links

Bailii - full text