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On 28 September 2011 the Court of Protection handed down their judgment in the case of W (by her litigation friend, B) v M (by her litigation friend, the Official Solicitor) and S and A NHS Primary Care Trust
This Court of Appeal decision, handed down on 20 December 20111, relates to the Secretary of State’s appeal against the decision of the Upper Tribunal to order (pursuant to section 73 Mental Health Act 1983 (MHA) the conditional discharge of patient RB into the community to reside in a care home, despite the conditions amounting to a deprivation of liberty
