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R (Gisagara) v Upper Tribunal [2021] EWHC 300 (Admin)

Timing of CTO discharge

The Responsible Clinician's evidence to the MHT was that the Community Treatment Order (CTO) criteria were met, and that a CTO was an "essential precondition" to discharge as otherwise the patient would not accept medication; she had granted s17 leave while the CTO was being arranged. When the MHT did not discharge him from s3, the patient argued that: (a) the discharge criteria mirror the admission criteria, s3(2)(c) requires detention, and the tribunal had failed to determine whether he was detained or merely liable to be detained; (b) the CTO criteria are incompatible with the detention criteria. In this application for permission for judicial review of the Upper Tribunal's refusal of permission to appeal, the Administrative Court decided that: (a) in relation to the principle that the discharge criteria mirror the admission criteria, there was no conflict of authority (the Court of Appeal had repeatedly agreed with the House of Lords on this despite the Court of Appeal decision to the contrary never having been overruled) so there was no important point of principle; and (b) there no arguable case. Permission was therefore refused.