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Information for "ML v Priory Healthcare Limited (2023) UKUT 237 (AAC)"

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Display titleML v Priory Healthcare Limited [2023] UKUT 237 (AAC)
Default sort keyML v Priory Healthcare Limited (2023) UKUT 237 (AAC)
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Page ID15337
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Page imageEssex newsletter 135B.pdf

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Page creatorJonathan (talk | contribs)
Date of page creation10:42, 10 October 2023
Latest editorJonathan (talk | contribs)
Date of latest edit12:57, 1 October 2024
Total number of edits9
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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.
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