SSJ v KC [2015] UKUT 376 (AAC)

Conditional discharge and DOL (1) A conditional discharge may include conditions which will, on an objective assessment, give rise to a deprivation of liberty, if that deprivation of liberty is authorised under the MCA. (2) (Obiter) The same conditions would be lawful for a patient with capacity who gives real consent since this would mean there is no Article 5 deprivation of liberty.

Essex search

This case's neutral citation number appears in the following newsletters:

• 39 Essex Chambers, 'Mental Capacity Law Newsletter' (issue 59, October 2015)
• 39 Essex Chambers, 'Mental Capacity Report' (issue 107, September 2020)

External links

• OSSCSC

CASES DATABASE

Full judgment: BAILII
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Subject(s):

• Deprivation of liberty🔍
• Discharge conditions cases cases🔍
• Upper Tribunal decisions🔍

Date: 2/7/15🔍

Court: Upper Tribunal (Administrative Appeals Chamber)🔍

Cited by:

• MC v Cygnet Behavioural Health Ltd [2020] UKUT 230 (AAC)

Judge(s):

• Charles🔍

Parties:

• KC🔍
• Secretary of State for Justice🔍
• C Partnership NHS Foundation Trust🔍

Citation number(s):

• [2015] UKUT 376 (AAC)^B
• [2015] MHLO 49

What links here:

• Jonathan Wilson, 'Mental health: update' (Legal Action, February 2018)
• Jonathan Wilson, 'Mental health: update' (Legal Action, April 2016)
• MC v Cygnet Behavioural Health Ltd [2020] UKUT 230 (AAC)

Published: 15/7/15 22:54

Cached: 2025-03-02 00:51:46