SF (as Nearest Relative of RB) v Avon and Wiltshire Mental Health Partnership NHS Trust and RB: [2023] UKUT 205 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Church on 15 August 2023.

Read the full decision in .

Judicial Summary

Conditions to continued detention - Mental Health Act 1983 s72(1)(b)(iia) 鈥 requirement that 鈥榓ppropriate medical treatment鈥 be available in hospital 鈥 whether treatment provided with the aim of keeping the patient 鈥榩hysically well, safe and protect those seeking to care for her鈥 (but no more) satisfied the requirement for therapeutic intent 鈥 whether the tribunal was entitled to find that the treatment available in hospital was 鈥榓ppropriate鈥 in circumstances where it had identified treatment which it found to be 鈥渆ssential鈥 but that treatment was not available in the hospital where the patient was detained.

Updates to this page

Published 5 September 2023