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(1) Cumbria, Northumberland and Tyne & Wear NHS Foundation Trust, (2) Secretary of State for Justice v EG |
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| Issue: |
Whether, in the case of a conditionally discharged restricted patient who had been recalled because the conditions of his conditional discharge were an unlawful deprivation of liberty and simultaneously released on leave under s17 Mental Health Act 1983, a Tribunal decision to again discharge him because he was not receiving any treatment in hospital involved an error of law; whether s72 of the 1983 Act could be construed to allow ongoing liability to detention so as to allow treatment to be given in the community under s17; whether the inherent jurisdiction of the High Court could be used to authorise detention in the community setting of a person with capacity who was therefore outside the Mental Capacity Act 2005. |
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| Court: |
Upper Tribunal (AAC) and High Court, Family Division |
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| Reference: |
HM/1606/2020 (Upper Tribunal) and FD20F00078 (High Court) |
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| Neutral Citation: |
[2021] EWHC 2990 (Fam) |
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| Judge(s): |
Lieven J |
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| Date: |
44509 |