Simon Burrows has acted for both Birmingham City Council and Lancashire County Council in applications which have resulted in an important judgment being handed down by Mrs Justice Lieven.

The judgment deals with the approach the Court of Protection ought to take when asked to authorise arrangements for conditionally discharged patients.  Whilst the Judge does not consider the legality of the conditional discharge itself (that is for another Court and another day), she does find that they are eligible to be subject to the Mental Capacity Act (MCA) and that although public protection plays a role in the rationale for their detention, it is permitted under the MCA because their best interests are clearly met.  The Judge also commented on the MOJ guidance which was published in January.

This outcome is a small step for restricted patients and will hopefully speed up the discharge of a group of patients who no longer need to be detained in psychiatric hospitals.

A copy of the judgment can be accessed here

Simon, who has been involved in this line of cases for over a decade, is a leading practitioner in mental health and capacity law.


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