# Case (Conditional discharge to remain informally). DB v Humber Teaching NHS Foundation Trust \[2026\] UKUT 57 (AAC)

**URL:** <https://forum.mentalhealthlaw.co.uk/t/case-conditional-discharge-to-remain-informally-db-v-humber-teaching-nhs-foundation-trust-2026-ukut-57-aac/5194>\
**Category:** MHLO updates\
**Created:** [16 February 2026 23:41 UTC](https://forum.mentalhealthlaw.co.uk/t/case-conditional-discharge-to-remain-informally-db-v-humber-teaching-nhs-foundation-trust-2026-ukut-57-aac/5194 "2026-02-16T23:41:00Z")\
**Posts on this page:** 1\
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**Author:** ![MHLO](https://forum.mentalhealthlaw.co.uk/user_avatar/forum.mentalhealthlaw.co.uk/mhlo/32/24_2.png) [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\
**Post date:** [16 February 2026 23:41 UTC](https://forum.mentalhealthlaw.co.uk/t/case-conditional-discharge-to-remain-informally-db-v-humber-teaching-nhs-foundation-trust-2026-ukut-57-aac/5194/1 "2026-02-16T23:41:00Z")

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— 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.

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Full details available at: [https://www.mentalhealthlaw.co.uk/DB\_v\_Humber\_Teaching\_NHS\_Foundation\_Trust\_(2026)\_UKUT\_57\_(AAC)?id=160226-2341](https://www.mentalhealthlaw.co.uk/DB_v_Humber_Teaching_NHS_Foundation_Trust_(2026)_UKUT_57_(AAC)?id=160226-2341)