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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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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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