I have a patient where the tribunal upheld the section but made some ‘recommendations’ on their onward discharge destination. I know that these are only recommendations and obviously will give them due consideration but can anyone point me in the direction of any case law/ statutory guidance around how such recommendations are not required by law to be seen through with please? I note the wording was only that the organisation ‘consider’ rather than they ‘must’. Thanks
Sorry for the delay in replying.
The main case about statutory recommendations in unrestricted cases is probably RB v Nottinghamshire Healthcare NHS Trust [2011] UKUT 73 (AAC). Maybe the comments there indirectly answer your question about the informal recommendations in your case.
One distinction relevant to your question is that there’s a power to reconvene in relation to statutory recommendations which doesn’t exist with informal recommendations.
You might find something useful on the Recommendations page on MHLO.
How did it go with your patient?