R v Camden and Islington Health Authority, ex parte K

[2001] Lloyd's Rep Med 152

COURT OF APPEAL

Lord PHILLIPS MR, Lord Justice BUXTON, and Lord Justice SEDLEY

Mental Health Act 1983 — Duty under section 117 to provide aftercare services following patient's discharge from hospital — Whether such duty imposes absolute obligation on health authority to provide services so as implement conditions imposed by Mental Health Review Tribunal on conditionally discharging patient pursuant to section 73 of the Act, or whether the duty under section 117 was limited to taking all reasonable steps in attempting to implement the Tribunal's conditions — Whether the statutory regime under section 73 of the Act satisfied the obligations imposed by Article 5 of the European Convention on Human Rights