Facts: the Mental Health Review Tribunal directed that Mr Hall be released from detention under sections 37 and 41 of the Mental Health Act 1983, on condition that Mr Hall did not live in the Torfaen area, and a prescribed package of care in the community was provided. Torfaen County BC, where Mr Hall had dwelt before he was detained, declined to take responsibility. Gwent was willing to provide psychiatric supervision, but only once it was determined where Mr Hall would live.

Judgment: Scott Baker J held that the health and social care authorities responsible for after-care were those for the area where the patient had been resident before their detention or, if the patient had no ordinary residence, the responsible authorities are those for the area to where the patient is sent: Torfaen and Gwent were in breach of their duty to complete an assessment before the MHRT hearing so as to provide the MHRT with proposals or options as to where Mr Hall should live and what psychiatric supervision was available.

Comment: this case would be decided in the same way under the current machinery.