No right of appeal to Circuit Court after discharge from involuntary mental health detention

The Court of Appeal has clarified that a patient whose involuntary admission order under mental health legislation has already been revoked and who has been discharged is not entitled to appeal to the Circuit Court against the Mental Health Tribunal's review of that order. The appeal process to the Circuit Court is only available where the Tribunal has affirmed a detention order and only on the grounds that the patient is currently suffering from a mental disorder. The Court held that to interpret the law otherwise would result in an unnecessary and sterile exercise, since the patient’s discharge means there is no detention order for the Circuit Court to review. The decision confirms that the Circuit Court cannot undertake a historical review concerning the lawfulness of a revoked admission order, upholding the restrictive scope of appeals under the 2001 Act.