[2025] UKUT 009 (AAC)

The Tribunal decided that each of the statutory criteria to continued detention was met and it upheld JB’s section.

The Tribunal’s decision making in respect of the statutory criteria set out in section 72(1)((b)(iia) of the Mental Health Act 1983 is explained in paragraphs 33 and 34 of its decision as follows:

“33.

Is appropriate medical treatment available for [JB] at The Spinney? Yes. Dr Al-Nufory and the SFCMHT would prefer him to try Clozapine as an alternative antipsychotic, and the Tribunal suspects, in the wake of this decision, that [JB] may now be more prepared to countenance a change in his antipsychotic. Whether this change occurs or not, antipsychotic medication given with nursing assistance and subject medical overview is being provided to [JB] at The Spinney. His ability to manage his time out in the community, and his ability to remain free of alcohol and drugs there, will continue to be monitored by random and frequent drug tests and assessment of his presentation when he returns from leave. He continues to be nursed in an environment with the appropriate procedural safeguards, involving air locks and checking. He will speak to his nurses who continue to support him therapeutically.

34.

Ms Scowcroft confirmed that psychology is available to [JB] at The Spinney, but her recommendation (supported by Dr McCulloch) was that the focus of psychology at this stage had to be upon working with [JB] to understand and hopefully overcome his barriers to engaging fully with therapists – and if that was successful, then to work on the core issues of [JB] understanding and accepting his illness and the risks associated with this. She anticipates that this next piece of work will be allocated to a different psychologist at The Spinney to try to encourage [JB]’s participation with this. The Tribunal fully agreed that this proposed psychological work was key and entirely appropriate for [JB], even if he continues at this stage to be unaccepting of the need for this or unable at this particular stage to participate in this because of his barriers to engaging therapeutically and honestly with anyone.”