RS, Re Judicial Review

[6] A duly completed application for assessment is sufficient authority for the approved social worker to take the patient and convey him to the hospital specified in the application at any time within the period of two days beginning with the date on which the medical recommendation was signed. Where the patient is admitted within that period to the hospital specified the application is by virtue of Article 8 of the 1986 Order sufficient authority for the relevant Trust to detain the patient in the hospital for the assessment period specified by Article 9 of the 1986 Order.

[13] The Tribunal was aware of two instances of violence towards others during the course of his admission but noted that there had been no violence towards others since 13 September 2013 and there had been intervening periods when the appellant had been more acutely unwell than he was at present. There was no evidence of incidents of violence towards others while he had been on passes away from the ward.

[17] The medical practitioner described the appellant�'s mental condition as follows:

The medical practitioner selected that part of the form indicating that the patient''s judgement was so affected that he was or would soon be unable to protect himself against serious physical harm and that reasonable provision for his protection was not available in the community. She stated the following matters by way of evidence:

[18] On arrival at the hospital he was examined by the on-call senior house officer who concluded that he should be detained in hospital for assessment, noting that he was not taking his medication, refusing to engage with services, neglecting his hygiene and diet, displayed disordered thought content and paranoid ideation, no insight and threatening behaviour. The period of assessment was extended as a result of a report from Dr Finnerty, the RMO, who noted that he had presented with increased paranoid delusions, decreased self-care and poor concordance with treatment in the community.