In RH v South London and Maudsley NHS Trust , the Court of Appeal considered whether a restriction order on a mental health patient should have been continued in circumstances where the medical evidence was in support of an absolute discharge. The Court of Appeal held that, where there had been a history of deliberate killing, (the patient had killed his young children), the order should remain in force for as long as there remained a risk to the public. The Tribunal below found that the patient still posed a real risk to the public. The restriction order resulted in him being liable to be recalled to hospital for further treatment if required. That would not be so under an absolute discharge. The liability to be recalled was not a breach of his human rights under Article 8 (the right to respect for private and family life) as any such interference was in accordance with the law and for the protection of others.
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RH v South London and Maudsley NHS Trust 
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