In the Matter of an Application by RM by SM for Judicial Review (Northern Ireland)
•February 25, 2026
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Why It Matters
The points determine who can authorize and recall leave for high-risk psychiatric patients, shifting practical control toward the Secretary of State and affecting patient liberty and public protection. The court’s interpretation will shape operational decision-making by hospitals and the Department of Justice in future detention and discharge cases.
Summary
In a further hearing on RN’s judicial review application, counsel clarified the scope of Article 15 and related provisions governing leave of absence for detained psychiatric patients under Part 3. They explained Schedule 2’s amendments require the Secretary of State’s consent to the Responsible Medical Officer’s (RMO) grant of leave and also expressly permit the Secretary to revoke leave independently of the RMO. The discussion traced the interplay between Articles 46–47 and Schedule 2, and confirmed the provisions apply to patients subject to restriction orders. Counsel noted some documentary materials (Schedule 2) were initially missing from the court bundle and were subsequently provided.
Original Description
In the matter of an application by RM (a person under disability) by SM, his father and next friend (Respondent) for Judicial Review (Northern Ireland)
UKSC/2022/0144
In the matter of an application by RM (a person under disability) by SM, his father and next friend (Respondent) for Judicial Review (Northern Ireland) No 2
UKSC/2022/0145
Hearing date: 16 November 2023
Session: Morning session [Session 3 of 3]
Judgment date: 21 February 2024
Neutral citation: [2024] UKSC 7
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