Mental disorder

Compulsory detention patients discharge ordered by mental health review tribunal against medical advice deferred for seven days readmission application six days later without change of circumstances legality of detentionR (Brandenburg) v East London & The City Mental Health NHS Trust and Another: CA (Lord Phillips of Worth Matravers MR, Buxton and Sedley LJJ): 21 February 2001On 15 March 2000 the applicant was admitted to hospital for assessment.

He applied to a mental health review tribunal.

At a hearing on 31 March against medical evidence the tribunal ordered discharge deferred for seven days.

On 6 April the second respondent, the approved social worker, applied successfully for readmission under section 3 of the Mental Health Act 1983.

The applicants application for judicial review of the decision of 6 April failed.

He appealed contending that unless change of circumstances could be demonstrated it was unlawful to apply to readmit a patient discharged by a tribunal.Richard Gordon QC and Paul Bowen (instructed by Scott-Moncrieff, Harbour & Sinclair) for the applicant; Nicola Davies QC and Kristina Stern (instructed by the Treasury Solicitor) for the NHS trust; Stephen Knafler (instructed by Head of Legal Services, Tower Hamlets London Borough Council) for the social worker.Held, dismissing the appeal, that an application to admit a patient under sections 2 or 3 of the 1983 Act could lawfully be made after a patient had been discharged by a tribunal without the approved social worker and doctors having to satisfy themselves that there had been a change of circumstances or that it was not reasonably practicable for them so to satisfy themselves except where the application for admission was made within days of a decision by a tribunal to discharge; that where there was a difference of opinion between the doctors treating the patient and the tribunal as to the justification for detention, the view of the tribunal prevailed.

(WLR)