DB v Humber Teaching NHS Foundation Trust & Anor

DB v Humber Teaching NHS Foundation Trust & Anor

A restricted patient may be conditionally discharged while remaining voluntarily in hospital; informal admission is permissible and relevant to the tribunal’s decision.

Parties
Appellant: DB; First Respondent: Humber Teaching NHS Foundation Trust; Second Respondent: Secretary of State for Justice
Jurisdiction
England and Wales
Judgment Date
05 February 2026
Procedural Posture
Appeal / Upper Tribunal Decision on Appeal From First Tier Tribunal
Outcome
First-tier Tribunal decision set aside; case remitted for rehearing by a differently constituted panel.
Legal Topics
Conditional Discharge, Restricted Patients, Informal Hospital Admission, Tribunal Procedure
Mental Health Law Administrative Law Conditional Discharge Restricted Patients Informal Hospital Admission Tribunal Procedure

Case Brief

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Parties

DB

Appellant

Humber Teaching NHS Foundation Trust

First Respondent

Secretary of State for Justice

Second Respondent

Procedural Posture

Appeal / Upper Tribunal Decision on Appeal From First Tier Tribunal

Legal Issues

  1. 1 Is it permissible for a restricted patient to be conditionally discharged while remaining voluntarily in hospital?
  2. 2 Interpretation of 'discharge' under section 73 of the Mental Health Act 1983

Ratio Decidendi

A restricted patient may be conditionally discharged while remaining voluntarily in hospital; informal admission is permissible and relevant to the tribunal’s decision.

Court Disposition

First-tier Tribunal decision set aside; case remitted for rehearing by a differently constituted panel.

Orders

  • Decision of First-tier Tribunal set aside under section 12(2)(a) and (b)(i) of the Tribunals, Courts and Enforcement Act 2007.
  • Case remitted to the tribunal for rehearing by a differently constituted panel.