View source for R (RW) v SSJ (2012) EWHC 2082 (Admin), (2012) MHLO 87

''The responsible clinician and tribunal were of the view in March 2011 that the patient required continued treatment in detention in hospital, and the tribunal recommended transfer from Broadmoor to a medium secure unit; in June the RC sought permission for trial leave to a MSU, with return to prison being the planned consequence if it were unsuccessful; trial leave in September was unsuccessful and, that month, the Secretary of State remitted the patient to prison on the RC's advice. (1) There had been new information since the tribunal which put a different complexion on the case, namely the unsuccessful trial leave, so the Secretary of State was entitled to take at face value the RC's new opinion that the patient did not require treatment in hospital for mental disorder. (2) It was not necessary for the Secretary of State to consider that lack of treatment in prison might breach [[Article 3]] or require almost immediate re-transfer to hospital; the correct approach was to consider the remission request when made, and consider transfer to hospital later if necessary. (3) Permission to amend the grounds to challenge the alleged ongoing failure to transfer under [[s47]] was refused, but the judge directed that if a fresh application were made within six weeks that the permission application be referred to him.''

==Related judgments==
Similar cases:
*[[R (RW) v SSJ (2012) EWHC 2082 (Admin), (2012) MHLO 87]]
*[[R (W) v Dr Larkin (2012) EWHC 556 (Admin), (2012) MHLO 23]]

==Other==
Date: 30/4/12

Before: HHJ Pelling QC

Mr Southey appeared on behalf of the Claimant

Ms Wheeler appeared on behalf of the Defendant

==Transcript (Crown Copyright)==
The transcript will remain here until it appears on Bailii.
{{transcript|R (RW) v SSJ (2012) EWHC 2082 (Admin), (2012) MHLO 87}}

==External link==
{{#bailii:(2012) EWHC 2082 (Admin)|no}}
[[Category:Judgment available on MHLO]]
[[Category:Ministry of Justice cases]]
[[Category:Brief summary]]
[[Category:Transcript]]
[[Category:2012 cases]]