R (SR) v Huntercombe Maidenhead Hospital [2005] EWHC 2361 (Admin)
Hospital managers and dangerousness 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.
See also
Full judgment: BAILII
Subject(s):
Date: 21/9/05🔍
Court: High Court (Administrative Court)🔍
Judge(s):
- Jackson🔍
Parties:
Citation number(s):
What links here:- Mental health caselaw archive
- R v Riverside Mental Health Trust, ex p Huzzey [1998] EWHC Admin 465
- Dangerousness criterion
Published: 12/4/06 20:26
Cached: 2024-08-17 17:46:22
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