Re-sectioning after tribunal discharge
An AMHP may not lawfully apply for the admission of a patient whose discharge has been ordered by a decision of a Tribunal of which the AMHP is aware unless he has formed the ‘reasonable and bona fide opinion that he has information not known to the tribunal which puts a significantly different complexion on the case as compared with that which was before the tribunal’ (R (von Brandenburg) v East London and City MH NHS Trust [2003] UKHL 58M).
The same principle applies to discharge at a hospital managers’ hearing (see South Staffordshire and Shropshire Healthcare NHSFT v Hospital Managers of St George's Hospital [2016] EWHC 1196 (Admin)M).
If the Trust believes the Tribunal’s decision is legally flawed, the Trust should appeal it instead of re-sectioning the patient (R (Ashworth) v MHRT; R (H) v Ashworth [2002] EWCA Civ 923M).
INFORMATION
- Representation
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- Aftercare
- Tribunal Rules
- Overriding objective (MHT)
- Applications (MHT)
- Parties (MHT)
- Victims (MHT)
- Representatives (MHT)
- Notice of proceedings, and listing (MHT)
- Medical examination (MHT)
- Remote hearings (MHT)
- Recording of hearings (MHT)
- Disposal without hearing (MHT)
- Hearing in a party’s absence (MHT)
- Decisions by a single judge (MHT)
- Reports (MHT)
- Evidence (MHT)
- Non-disclosure of documents and information (MHT)
- Directions (MHT)
- Adjournment and postponement (MHT)
- Withdrawal (MHT)
- Reinstatement (MHT)
- Decisions (MHT)
- Public hearing (MHT)
- Wasted costs (MHT)
- Appealing against a tribunal decision (MHT)
- Mandatory and discretionary references
- Nearest relative
- Legal Aid
- International law
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