— The clinical team supported conditional discharge so the patient did not instruct an independent expert. That opinion changed just days before a reconvened part-heard hearing, at which the RC and another witness argued for the continued detention, deferring to and relying on the opinion of two other psychiatrists, one of whom was arguing against a community placement in concurrent Crown Court proceedings. The tribunal refused to adjourn and did not discharge. Subsequently the patient was made subject to a second restricted hospital order. The Upper Tribunal decided that the tribunal's decision was unlawful: (1) it had denied the patient equality of arms by denying the opportunity to instruct an independent expert; (2) as the two witnesses who were present deferred to the opinions of two other experts, fairness required the presence of those experts for cross-examination. The judge noted that each hospital order gives a right to apply to the tribunal and made some observations about procedural matters (including that, as this case would now be remitted to the MHT, the Secretary of State had agreed to make a discretionary referral in relation to the second order, and in any event the tribunal would have a discretion to discharge the second order).
Full details available at: https://www.mentalhealthlaw.co.uk/OO_v_Central_and_North_West_London_NHS_Foundation_Trust_(2024)_UKUT_190_(AAC)?id=211024-0910