View source for SF v Avon and Wiltshire Mental Health Partnership NHS Trust (2023) UKUT 205 (AAC)

{{Case
|Date=2023-08-16
|NCN=[2023] UKUT 205 (AAC)
|ICLR=[2023] WLR(D) 438
|ICLR ID=2023005387
|Essex issue=134
|Essex page=48
|Court=Upper Tribunal (Administrative Appeals Chamber)
|Judges=Thomas Church
|Parties=SF, Avon and Wiltshire Mental Health Partnership NHS Trust, RB
|Sentence=Appropriate medical treatment
|Summary=The First-tier Tribunal erred in law in deciding that "appropriate medical treatment" was available because its decision was based on two misunderstandings: (a) that interventions which had the purpose merely of containing risk of physical harm were capable of amounting to "medical treatment"; and (b) that medical treatment may be "appropriate" even where it is "not tailored to [the patient's] diagnosis", and where treatment that is "essential" is not available.
|Detail===Thanks==
{{thanks|Wall, Angela|Butler Solicitors, solicitor for SF}}

==Judicial summary from Gov.uk==
<div class="perm">
Conditions to continued detention - Mental Health Act 1983 s72(1)(b)(iia) – requirement that ‘appropriate medical treatment’ be available in hospital – whether treatment provided with the aim of keeping the patient ‘physically well, safe and protect those seeking to care for her’ (but no more) satisfied the requirement for therapeutic intent – whether the tribunal was entitled to find that the treatment available in hospital was ‘appropriate’ in circumstances where it had identified treatment which it found to be “essential” but that treatment was not available in the hospital where the patient was detained.
</div>
|External links=* {{link
|text=Gov.uk website: judgment and judicial summary (5/9/23)
|url=https://www.gov.uk/administrative-appeals-tribunal-decisions/sf-as-nearest-relative-of-rb-v-avon-and-wiltshire-mental-health-partnership-nhs-trust-and-rb-2023-ukut-205-aac
|archive=https://web.archive.org/web/20230905211329/https://www.gov.uk/administrative-appeals-tribunal-decisions/sf-as-nearest-relative-of-rb-v-avon-and-wiltshire-mental-health-partnership-nhs-trust-and-rb-2023-ukut-205-aac
}}
|Subject=Other Tribunal cases,Upper Tribunal decisions
|Judgment=(2023) UKUT 205 (AAC).pdf
|News=Yes
|RSS pubdate=2023-08-24 12:28:24 AM
}}
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