If a hospital would support a conditional discharge but there is no supported accommodation identified yet, can the tribunal grant a deferred conditional discharge or would they need to adjourn for further information as no accommodation is currently identified? Do they need to be able to draft the actual condition with an address to be able to defer?
This is probably a good place to start to answer your questions.
An address isn’t required if accommodation needs to be identified when drafting conditions for deferred CD. The draft condition will probably read as ’ X will reside at accommodation as approved by the Responsible Clinician and Social Supervisor’.
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I am not a lawyer, I am a parent of a child with MH issues. The tribunal can set a date in the future I believe, but there is a risk the local authority still don’t have the necessary support in place still. I don’t believe they can set it up such that ‘when available’ discharge happens.
We have been and are still going though this exact issue. 16 months of the local authority dragging their heels. MHT wouldn’t discharge as no provision in place and risk of not being ready. Meanwhile seems no accountability for local authority to actually do anything except say there is nothing suitable available.
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I hope it all works out for the best for you and your child, in the end. What you’ve said is right for unrestricted cases, but conditional discharge only applies in restricted cases. Here’s the relevant paragraph from link above:
It cannot defer to a specific predetermined future date, in contrast to a delayed discharge in unrestricted cases. It can only grant a deferred conditional discharge when (a) it has found, on the balance of probabilities, that the patient should not be detained but should be subject to recall, and (b) it has drafted the conditions for the discharge (DC v Nottinghamshire Healthcare NHS Trust [2012] UKUT 92 (AAC), [2012] MHLO 53).
I should update that to reflect what Desi said here, that the conditions don’t have to be drafted with a specific address.
Possibly, but the tribunal might not want to do this because they then can’t get any assurances about what supported living his available, what care is available to them there and if there is any funding issues. They might also assurances that the care provider in the supported living accommodation have got to know the citizen (I.e. there has been a transition period).
I have tribunals want to see copies of the providers care plans and risk assessments before agreeing the CD.
The patient may want to consider delaying the tribunal until the supported living provider has been found, especially if it means they wouldn’t be eligible again for another year.
Thank you, that’s very helpful.
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