Increasingly I find that tribunals want to impose conditions on Conditional Discharge that the patient cannot stay away from the accommodation overnight without permission of the clinical team. I have argued that this could amount to deprivation of liberty( if clinical team routinely refuse permission) and is incompatible with C/D but I have had no success with this and have just had an FTT appeal on this point refused. Does anyone have any views?
The old terrorism control order cases said an overnight curfew was not a deprivation of liberty. From memory, 16 hours in one case was OK but 18 hours in another was too much. It’s a different context but I suspect the courts would give the same answer. Brenda Hale was involved in those cases.
I’ve moved your post from “uncategorised” to “MHA” - I guess the category selection isn’t that clear. I’ll have a look at that.
The control order cases are mentioned on pages 25-27 here: Jonathan Wilson, ‘Safeguards against What? A critical analysis of the Deprivation of Liberty Safeguards’ (LLM dissertation, 28/8/13)
I agree, and am concerned that clients with capacity can only leave hospital to conditions of deprivation of liberty if the RC and MOJ agree. What happens to all those clients when the RC and MOJ won’t allow extended S. 17 MHA leave - the Tribunal has no power to grant such leave so they have to stay in hospital until the RC/MOJ agree!