Manchester University NHS Foundation Trust v JS [2023] EWCOP 33

DOLS ineligibility under Case E The parties agreed that the key questions when considering ineligiblity under Case E are: (1) Is the person a 'mental health patient'? (2) Is the person an 'objecting' mental health patient? (3) Could the person be detained under s2 or 3 MHA 1983? The judge (in this appeal judgment) agreed that they provide a useful structure for practitioners, and decided that the first instance judge had been entitled to reach the conclusions he did on the evidence he had.