Re-admission under the Mental Health Act following discharge by a Mental Health Review Tribunal
DOI:
https://doi.org/10.19164/ijmhcl.v0i7.358Abstract
There is continuing confusion over the precise effect and force of Mental Health Review Tribunal (‘MHRT’) decisions and the extent to which they may be lawfully overborne. That confusion has not been alleviated by the Court of Appeal judgment in the Von Brandenburg case, and it may even have been exacerbated by the case of H v Ashworth Hospital. Now that the latter decision has been considered by the Court of Appeal, and before the former decision comes before the House of Lords, this may be an opportune moment to place both cases in their true context and to attemptto distil some definitive guidance on this troublesome point.
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