Facts: K was a restricted patient under a hospital order, at Broadmoor. His RMO wished to transfer him to an MSU (medium secure unit), but whereas a local private facility assessed K as suitable, the local NHS facility did not and the Trust refused to pay for the private cost.

Judgment: the Court of Appeal (Waller, Arden and Dyson LJJ) held that the Trust was not bound to make the provision recommended by the RMO: it was entitled to take into account other clinical views, the views of the NHS facility as to cost-effectiveness and resources considerations generally.