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Information for "DB v Betsi Cadwaladr University Health Board (2021) UKUT 53 (AAC)"

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Display titleDB v Betsi Cadwaladr University Health Board [2021] UKUT 53 (AAC)
Default sort keyDB v Betsi Cadwaladr University Health Board (2021) UKUT 53 (AAC)
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Page creatorJonathan (talk | contribs)
Date of page creation19:21, 7 April 2021
Latest editorJonathan (talk | contribs)
Date of latest edit10:40, 14 January 2022
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(1) For it to remain "appropriate for [a patient] to be liable to be detained in a hospital for medical treatment" a significant component of his treatment must be in hospital. Liability to detention is not a fallback when other options (e.g. CTO, conditional discharge, MCA) are unsuitable or unavailable: if the statutory conditions for (liability to) detention are not met, the tribunal must direct discharge. (2) The patient in this case had been on s17 leave for 11 months without any contact with any hospital. The tribunal should have analysed the components of his treatment, as broadly defined in s145, then decided the extent to which they were being delivered in hospital, but had failed to do so. (3) The case was remitted to the MHRT for Wales.
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