# Tribunal making recommendations on care/treatment/ onward discharge destination

**URL:** <https://forum.mentalhealthlaw.co.uk/t/tribunal-making-recommendations-on-care-treatment-onward-discharge-destination/2580>\
**Category:** Mental Health Tribunal\
**Created:** [14 July 2024 12:13 UTC](https://forum.mentalhealthlaw.co.uk/t/tribunal-making-recommendations-on-care-treatment-onward-discharge-destination/2580 "2024-07-14T12:13:55Z")\
**Posts on this page:** 2\
**Page:** 1

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**Author:** ![AC23](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/a/f475e1/32.png) [@AC23](https://forum.mentalhealthlaw.co.uk/u/AC23)\
**Post date:** [14 July 2024 12:13 UTC](https://forum.mentalhealthlaw.co.uk/t/tribunal-making-recommendations-on-care-treatment-onward-discharge-destination/2580/1 "2024-07-14T12:13:56Z")

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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

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**Author:** ![Jonathan](https://forum.mentalhealthlaw.co.uk/user_avatar/forum.mentalhealthlaw.co.uk/jonathan/32/88_2.png) [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\
**Post date:** [6 December 2024 23:26 UTC](https://forum.mentalhealthlaw.co.uk/t/tribunal-making-recommendations-on-care-treatment-onward-discharge-destination/2580/2 "2024-12-06T23:26:48Z")

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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)](https://mentalhealthlaw.co.uk/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](https://www.mentalhealthlaw.co.uk/Recommendations) page on MHLO.

How did it go with your patient?