I have received an appallingly reasoned decision from a s2 hearing last week.
Patient was however discharged from the s2 yesterday and deprived of her liberty under the inherent jurisdiction.
Thoughts on whether it’s worth challenging the decision?
Was the decision from tribunal or hospital managers?
It’s nearly always worth it
It would be interesting to know what was wrong about the reasons, and also about her ongoing, non-MHA detention now.
Very unusual case, 14 year old only just out of a secure welfare placement.
Admitted as an emergency under s2 to a disused part of an adolescent ward with 4:1 agency staffing.
Clinical team took the view that issues and risks were behavioural and not related to MD and therefore s2 admission wasnt warranted. Primary issue was the provsion of accommodation which was unresolved.
Tribunal disagreed notwithstanding the evidence strongly supporting discharge.
Appeal on the basis of irrational decision as well as inadequate written reasons.
Patient isnt detained anymore, deprivation of liberty was authorised by the Court about an hour after her s2 Tribunal ended and the RC rescinded the section.
Was the RC arguing that the tribunal should discharge and, if so, why hadn’t he just done it himself?
What changed after the hearing? Did he only discharge from s2 because the court had authorised detention by a different means?
Were the accommodation issues resolved within that one-hour period, or is the patient still detained in the same place?
Maybe the tribunal was scared of the consequences of releasing her. Maybe so was the RC until the court came to the rescue. Maybe the tribunal didn’t like the buck being passed to it. When there are “no other options”, MHA “necessity” and MCA “best interests” can sometimes be used to authorise inappropriate placements.
But if the decision was wrong it was wrong, and obtaining a decision to that effect sounds worth it. Unless she instructs you not to, why not go ahead? Would there be anything to lose? It could happen to her again so isn’t entirely academic.
…so the outcome of this was that the tribunal bottled it and didn’t discharge on the day
Later that day a deprivation of liberty was authorised and the RC rescinded the s2 on the Monday morning (hearing was Friday)
I appealed the tribunal decision even though the patient was no longer detained on the basis of inadequate reasons and it being perverse given the evidence.
STJ Swallow quashed the decision less than 48 hours later agreeing on both grounds.
No material benefit for the patient but it took less than 45 minutes to put together the grounds and complete then standard forms so worth the effort
3 posts were split to a new topic: National DOL Court for under 18s