— The tribunal had been wrong to believe that a restricted patient must either be detained in a hospital or discharged into the community, and should not on that basis have rejected the patient's request for (immediate) conditional discharge followed by remaining in hospital informally. Detention cannot be a condition of discharge. But a patient may remain in the hospital, or later be admitted, informally during a conditional discharge. This possibility is one of the factors that may be taken into account when deciding whether to discharge a patient conditionally.
Full details available at: https://www.mentalhealthlaw.co.uk/DB_v_Humber_Teaching_NHS_Foundation_Trust_(2026)_UKUT_57_(AAC)?id=160226-2341