The claimant had been detained by the respondent under the Act. A trubunal had ordered his release subject to proper arrangements for his support in the community. In the absence of such arrangements being made, he complained at his continued detention.
Held: The conditions were inextricably linked to the release, and though there was a form of duty on the respondent to make arrangements, no duty to release him arose until the condition had been met. The duty to make arrangements was not absolute, and there was no breach in the present failure.
Citations:
[2004] EWCA Civ 378, Times 13-May-2004, Gazette 03-Jun-2004, [2004] BLGR 743, [2004] MHLR 201
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Appeal from – Regina (W) v Doncaster Metropolitan Borough Council Admn 13-Feb-2003
The claimant sought damages for false imprisonment. The mental health tribunal had ordered his release, but the respondent had delayed that release.
Held: False imprisonment is established on proof of imprisonment without lawful authority. An . .
Cited – Regina v H (On appeal from the Court of Appeal (Criminal Division)) HL 30-Jan-2003
The defendant had been found unfit to stand trial, at a later hearing under the section, the jury had found that he had committed the act complained of. He was discharged but ordered to be placed on the sex offenders register. He appealed on the . .
Lists of cited by and citing cases may be incomplete.
Health, Human Rights
Updated: 20 August 2022; Ref: scu.196774