— (1) The tribunal had been wrong to believe that it could not make a statutory leave recommendation in relation to a patient who already had some s17 leave of absence. The purpose of recommendations is to assist in identifying the best way forward for the patient. There are no statutory words limiting the discretion, and to do so would produce an absurdity: it would be unworkable and impracticable to limit the power to recommend different types of leave, which are appropriate at different stages of treatment and can have different purposes. (2) The notice of appeal had been served late but an extension was granted: the reasons for the delay (including difficulty in supplying means evidence for Legal Aid) were no fault of the appellant, and the FTT in giving permission had sought the UT's guidance.
Full details available at: https://www.mentalhealthlaw.co.uk/WM_v_Bradford_District_Care_NHS_Foundation_Trust_(2025)_UKUT_396_(AAC)?id=260126-1956