Page values for "ML v Priory Healthcare Limited (2023) UKUT 237 (AAC)"
"_pageData" values
1 row is stored for this page| Field | Field type | Value |
|---|---|---|
| _creationDate | Datetime | 2023-10-10 10:42:53 AM |
| _modificationDate | Datetime | 2024-10-01 12:57:41 PM |
| _creator | String | Jonathan |
| _fullText | Searchtext | {{Case |Date=2023-09-20 |NCN=[2023] UKUT 237 (AAC) |Essex issue=135B |Essex page=14 |Court=Upper Tribunal (Administrative Appeals Chamber) |Judges=Thomas Church |Parties=ML, Priory Healthcare Limited, Secretary of State for Justice, Priory |Sentence=Discharge to MCA detention |Summary=A s47/49 post- ... |
| _categories | List of String, delimiter: | | |
| _isRedirect | Boolean | No |
| _pageNameOrRedirect | String | ML v Priory Healthcare Limited (2023) UKUT 237 (AAC) |
| _pageID | Integer | 15,337 |
| _pageName | Page | ML v Priory Healthcare Limited (2023) UKUT 237 (AAC) |
| _pageTitle | String | ML v Priory Healthcare Limited [2023] UKUT 237 (AAC) |
| _pageNamespace | Integer | 0 |
"News" values
1 row is stored for this page| Field | Field type | Value |
|---|---|---|
| Which_table | String | Cases |
| RSS_title | Wikitext | |
| RSS_description | Wikitext | |
| RSS_pubdate | Datetime | 2023-10-10 10:37:14 AM |
"Cases" values
1 row is stored for this page| Field | Field type | Value |
|---|---|---|
| Sentence | Wikitext | Discharge to MCA detention |
| Summary | Wikitext | A s47/49 post-tariff lifer sought a notification that if he were a s37/41 patient he would be entitled to conditional discharge (with 24-hour support and medication being governed by the MCA) and a recommendation that he remain in hospital pending release. The MHT refused, believing that "the only environment where his medication regime can be enforced is in hospital". This refusal was based on errors of law: (1) the tribunal was under the misapprehension that there was no way for it to coordinate the MHA proceedings with an MCA authorisation, and it made its decision on the s72(1)(b) detention criteria without reference to the possibility that an alternative framework for managing the patient was available; (2) its reasons were inadequate as it had ignored the central argument that there was a less restrictive alternative to hospital detention. |
| Detail | Text | ==Judicial summary from Gov.uk== <div class="perm"> Conditions to continued detention - Mental Health Act 1983 s72(1)(b) – conditional discharge of restricted patient - where in issue, it is incumbent on the First-tier Tribunal to deal with the potential availability of a less restrictive alternative to continued detention under Mental Health Act even in context of uncertainty as to the availability of a Mental Capacity Act authorisation. MC v Cygnet followed. Emphasises that criteria in section 72(1)(b) all relate to the purpose of medical treatment for mental disorder. To satisfy the section 72(1) Mental Health Act criteria, the necessity of detention must relate to the therapeutic endeavour, no matter how grave the risks may be. </div> |
| Subject | List of String, delimiter: , | Reasons • Upper Tribunal decisions |
| Judicial_history | Wikitext | |
| Judicial_history_first_page | Page | |
| Date | Date | 2023-09-20 |
| Judges | List of String, delimiter: , | Thomas Church |
| Parties | List of String, delimiter: , | ML • Priory Healthcare Limited • Secretary of State for Justice • Priory |
| Court | String | Upper Tribunal (Administrative Appeals Chamber) |
| NCN | String | [2023] UKUT 237 (AAC) |
| MHLR | String | |
| ICLR | String | |
| ICLR_ID | String | |
| Essex | String | |
| Essex_issue | String | 135B |
| Essex_page | String | 14 |
| Other_citations | List of String, delimiter: , | |
| Cites | List of String, delimiter: # | |
| External_links | Text | * [https://www.gov.uk/administrative-appeals-tribunal-decisions/ml-v-priory-group-limited-and-secretary-of-state-for-justice-mental-health-2023-ukut-237-aac Gov.uk: judgment and judicial summary] <span class="archive-icon">[https://web.archive.org/web/20231027205350/https://www.gov.uk/administrative-appeals-tribunal-decisions/ml-v-priory-group-limited-and-secretary-of-state-for-justice-mental-health-2023-ukut-237-aac <i class="fa fa-university" title="This is an Internet Archive link"></i>]</span> |
| Judgment | File |
