We represented a client re-detained under Section 3 of the Mental Health Act 1983 and secured their discharge through a Mental Health Tribunal, following strategic legal advocacy.

Background

Following a failed discharge from acute services, our client was re-detained. We worked closely with the inpatient team and advocated for the client’s expressed wishes. This helped secure extended leave for the client to return home while continuing to receive care in the community.

Challenging continued detention at Tribunal

At the subsequent Mental Health Tribunal, we highlighted the client’s positive adjustment and stability while living in the community. Before the hearing concluded, we made a strategic application requesting that the Tribunal invite the Responsible Clinician to discharge the client. We argued that the statutory criteria for continued detention were clearly not met. We also argued that further evidence was not required to allow the tribunal to come to a decision.

Successful outcome and return home

After a brief adjournment, the Tribunal agreed and invited the Responsible Clinician to discharge the client, which she promptly did.

Our client was delighted with the outcome and returned home the same day. He continues to receive the care he agrees is appropriate, now in the comfort of his own community.

Our client was represented by Adam Marley, Head of Mental Health Law at GT Stewart.