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hear from Rebecca Fitzpatrick on the Supreme Court decision on the case of MM

11 December 2018

With the Supreme Court announcing their decision on the case of MM, Rebecca highlights how neither the mental health Tribunal nor the Secretary of State for Justice have the power to give a patient a conditional discharge under the Mental Health Act where those conditions amount to a deprivation of liberty (DoL). Rebecca talks you through the implications of this judgment; from patients in the community who are on conditional discharges where the conditions may amount to a DoL, to clinicians aiming to manage patients the least restrictive setting.

Finally, Rebecca also briefly discusses the linked case of PJ which relates to community treatment orders under the Mental Health Act in which the Court of Appeal held that conditions attached to a community treatment order, can lawfully amount to a deprivation of liberty in some circumstances. The decision from the Supreme Court in relation to PJ is still awaited.

Read our article on conditional discharge under the MHA and DoL here.

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Legal updates

Hertfordshire County Council v AB [2018] EWHC 3103 (Fam)

This case considered whether the High Court’s inherent jurisdiction can be used to authorise a deprivation of liberty of a patient with capacity who is subject to a conditional discharge under the Mental Health Act 1983.

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Legal updates

Welsh Ministers v PJ [2018] UKSC 66

This Supreme Court case considered the interplay between Community Treatment Orders under the Mental Health Act 1983 and deprivation of liberty.

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Legal updates

Conditional discharge under the MHA and deprivation of liberty

On 28 November 2018 the Supreme Court handed down its judgment in relation to MM (Secretary of State for Justice (Respondent) v MM (Appellant) [2018] UKSC 60).

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Legal updates

The Liberty Protection Safeguards – huge new responsibility and cost for hospitals, CCGs and care homes

Deprivation of liberty and the application of Deprivation of Liberty Safeguards (DoLS) has been a huge challenge for the health and care sector, especially since the Cheshire West Supreme Court judgment in 2014 (after which DoLS referrals increased from 13,000 to 200,000+ pa, with no increase in resources).

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The opinions expressed on this video are provided for the purposes of general interest and information and should not be relied upon. They contain only summaries of aspects of the subject matter at the time of publishing and do not provide comprehensive statements of the law. They do not constitute legal advice and do not provide a substitute for it. So why not talk to us and seek advice that's tailored to you? You can look up one of our experts on this website or call on 0370 270 6000.

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