Appleman Legal had previously secured the client’s conditionally discharge in 2016. A patient is ‘conditionally discharged’ for the purposes of counting time, on the date he is physically discharged from the hospital once the conditions have been met.
Our client had been residing in the community under set conditions since his conditional discharge. He decided to make an application to be discharged absolutely as he had been compliant with his prescribed medications and had engaged with aftercare services in the past 6 years.
Right to apply to the First-tier Tribunal (Mental Health)
Under section 75(2) of the Mental Health Act 1983 (as amended by the 2007 Act), restricted patients who have been conditionally discharged may apply directly to the Tribunal once during the second year from the date of discharge and once in every subsequent two-year period.
The Tribunal accepted our closing submissions and decided that it was not satisfied that the criteria for continued detention were met and that it was not appropriate for the our client to remain liable to be recalled to hospital.