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The Court of Appeal dismissed an appeal from the High Court, and affirmed a decision to release an individual from involuntary detention at an approved centre under the mental health legislation, finding that the admission order was invalid. The admission order did not adequately address all statutory criteria for detention, specifically the requirement that detention would likely benefit or alleviate the individual's condition. While the application for detention was completed correctly, the admission order failed to provide sufficient grounds for the opinion that the individual's condition would materially benefit from detention, thus invalidating the order.
Involuntary admission, Mental Health Act 2001, admission order, detention, Court of Appeal, High Court, statutory criteria, mental disorder, benefit or alleviate condition, Form 6, Form 4, consultant psychiatrist, invalid order, release, Article 40.4 inquiry, public interest, mootness, statutory forms, Mental Health Commission, clinical description, grounds for opinion, treatment criteria, harm criteria.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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