Has anyone had a situation where a nearest relative applied for discharge and this was barred by the RC. A managers hearing was arranged and they found the M2 to not have enough evidence on it to justify the dangerousness criteria.
Where does that leave the panel? If the form not valid there is nothing for them to consider so does this mean the NR is free to take their relative?
I do hospital managers panels and when we are looking at a barring order we expect reports from the RC and others in the usual way. If we are not convinced that the evidence in reports and what the RC says in the hearing is adequate we discharge the section. This certainly happens when the RC can produce no evidence at all to say the patient if discharged would be dangerous.
No, unless a court has said otherwise, the form is valid.
Most of the Barring Order’s I see on the face of them don’t give enough evidence to satisfy dangerousness criteria. As Jonathan says, it is then for the HM to read written reports and hear oral evidence and to reach a decision off the back of that as to whether the criteria/dangerousness criteria are met.
I would agree with Guy that lack of evidence in the M2 doesn’t make it invalid.
The Managers still have a ‘residual discretion’ not to discharge even if dangerousness is not made out.