View source for R (RB) v First-tier Tribunal (Review) (2010) UKUT 160 (AAC)

''RB was conditionally discharged with a condition that he should not leave a care home without an escort; the MoJ sought a review on the basis that the condition constituted a deprivation of liberty and there was therefore no lawful discharge; the Regional Tribunal Judge set aside the conditional discharge, remitted the case to the First-tier Tribunal, and refused permission to appeal to the Upper Tribunal. (1) It is only appropriate for the First-tier Tribunal to exercise its set-aside powers where there has been a clear error of law; where the legal points are contentious the case should be allowed to proceed to the Upper Tribunal. (2) The RTJ's decisions were quashed/set aside, and permission was given to the MoJ to appeal against the conditional discharge.''

==Related judgments==
[[SSJ v RB (2011) EWCA Civ 1608]]
*[[SSJ v RB (2010) UKUT 454 (AAC)]]
:*[[R (RB) v First-tier Tribunal (Review) (2010) UKUT 160 (AAC)]]

Other related cases:
*[[R (SSHD) v MHRT, re PH (2002) EWCA Civ 1868]]
:*[[R (SSHD) v MHRT, re PH (2002) EWHC 1128 (Admin)]]	
*[[R (G) v Mental Health Review Tribunal (2004) EWHC 2193 (Admin)]]
*[[R (SSHD) v MHRT, re MP (2004) EWHC 2194]]
*[[R (IT) v SSJ (2008) EWHC 1707 (Admin)]]

==Notes==
The summary above is based on an information sheet (see link below) rather than the judgment itself.

==Thanks==
{{thanks|Curran, Philippa|O'Donnells Solicitors}}

==External link==
{{#bailii:(2010) UKUT 160 (AAC)}}

[[Media:R (RB) v First-tier Tribunal (Review) (2010) UKUT 160 (AAC) - information sheet.pdf|Information sheet from O'Donnells Solicitors]]

[http://www.administrativeappeals.tribunals.gov.uk/Decisions/forthcoming3JPs.htm Cases pending before Three-Judge Panels] - updated 20/8/10 - Whether it is lawful to conditionally discharge a restricted patient on conditions that he reside in a care home and not leave it without an escort - an oral hearing will be held on 29/9/10


[[Category:Discharge conditions cases]]
[[Category:Upper Tribunal decisions]]
[[Category:Detailed summary]]
[[Category:Transcript]]
[[Category:2010 cases]]