Search Results for: Mental Health Act 1983 3

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North Dorset NHS Primary Care Trust and Another v Coombs: CA 30 Apr 2013

The Court was asked: ‘Whether a person detained under a provision of the Mental Health Act is, as a matter of public policy or otherwise, prevented from paying for his own care/treatment?’ The claimant had fallen from an ambulance, suffering brain injury leading to his being held in hospital, and the anser to the question … Continue reading North Dorset NHS Primary Care Trust and Another v Coombs: CA 30 Apr 2013

F, Regina (on the Application Of) v Oxfordshire Mental Healthcare NHS Trust and Another: Admn 2 Jul 2001

‘The claimant is a restricted patient presently detained in Broadmoor Special Hospital under the provisions of the Mental Health Act 1983 (the 1983 Act). She challenges the refusal of the defendants to fund the costs of a placement for her at the Edenfield Centre Medium Secure Unit in Manchester (Manchester). ‘ Citations: [2001] EWHC Admin … Continue reading F, Regina (on the Application Of) v Oxfordshire Mental Healthcare NHS Trust and Another: Admn 2 Jul 2001

Singh, Regina (on the Application Of) v Stratford Magistrates Court: Admn 3 Jul 2007

The defendant appealed the decision of the district judge when adjourning his case for a second psychiatric report with a view to hispossible committal to hospital, saying that this would deprive him of his right to a trial. Held: In cases alleged insanity either at the time of the offence or at trial, the magistrates … Continue reading Singh, Regina (on the Application Of) v Stratford Magistrates Court: Admn 3 Jul 2007

MH, Regina (on the Application of) v Secretary of State for the Department of Health: CA 3 Dec 2004

The patient had been detained under the Act and was incapable of making an application for her freedom. Held: There was a duty on the state to ensure that mechanisms were made available to a patient to apply to review her continued detention where she was herself incompetent to make such an application. Having been … Continue reading MH, Regina (on the Application of) v Secretary of State for the Department of Health: CA 3 Dec 2004

Barker v Barking Havering and Brentwood Community Healthcare NHS Trust (Warley Hospital) and Anorther: CA 30 Jul 1998

A person who is liable to be detained in a hospital by virtue of an application or order under that Act may either be actually detained or given leave of absence. While on leave of absence it may well be that the patient’s disorder is not such that he needs to be detained in hospital. … Continue reading Barker v Barking Havering and Brentwood Community Healthcare NHS Trust (Warley Hospital) and Anorther: CA 30 Jul 1998

Sessay, Regina (on The Application of) v South London and Maudsley Nhs Foundation Trust and Another: QBD 13 Oct 2011

The issue that arises in this case concerns non-compliant incapacitated patients, that is those who are not willing to be admitted and do not have the capacity to consent to admission, to psychiatric hospitals pending the making of an application for their compulsory admission to hospital for assessment under section 2 Mental Health Act 1983 … Continue reading Sessay, Regina (on The Application of) v South London and Maudsley Nhs Foundation Trust and Another: QBD 13 Oct 2011

Regina v Riverside Mental Health Trust ex parte Huzzey: QBD 18 May 1998

Managers considering an application by relatives for discharge of patient were not bound by the doctor’s report, but could go outside the criteria set out in the section to see whether it was safe to release the patient. Citations: Times 18-May-1998 Statutes: Mental Health Act 1983 3 Jurisdiction: England and Wales Health Updated: 18 November … Continue reading Regina v Riverside Mental Health Trust ex parte Huzzey: QBD 18 May 1998

Regina v Broadmoor Special Hospital Authority and Secretary of State for Department of Health ex parte S, H and D (2): CA 5 Feb 1998

Persons detained under Mental Health Acts could be subject to random non-consensual searches even if this went against medical opinion. The power to seclude a patient within the hospital is implied from the power to detain as a ‘necessary ingredient flowing from a power of detention for treatment.’ Judges: Auld LJ Citations: Gazette 26-Feb-1998, Times … Continue reading Regina v Broadmoor Special Hospital Authority and Secretary of State for Department of Health ex parte S, H and D (2): CA 5 Feb 1998

P, Regina (on the Application of) v Secretary of State for the Home Department: Admn 11 Dec 2003

The applicant was a discretionary life prisoner compulsorily detained in a mental hospital. His tariff had now expired. If not detained under the 1983 Act he would now be entitled to a review. He argued that there should be a joint hearing. Held: There is no necessary breach of the requirement of a speedy hearing … Continue reading P, Regina (on the Application of) v Secretary of State for the Home Department: Admn 11 Dec 2003

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 authority might commit both the tort of false imprisonment and infringe a patient’s human rights, but not all infringements of … Continue reading Regina (W) v Doncaster Metropolitan Borough Council: Admn 13 Feb 2003

B v Croydon Health Authority: CA 30 Nov 1994

The feeding by tube of a mental patient who was unable and unwilling to consent can remain treatment, and within the decision of the doctors. In the context of whether the force-feeding an anorexic was authorised by section 63, the Court of Appeal held that treatment falling within the definition in section 145(1) was ‘treatment … Continue reading B v Croydon Health Authority: CA 30 Nov 1994

Regina v Kirklees Borough Council ex parte C (A Minor): CA 12 Apr 1993

A Local Authority may admit a minor in care to a mental hospital for assessment or treatment. Section 131 merely preserves or confirms the common law and previous law. Consent requires proof of conduct and a reasoning capacity. Judges: Lloyd LJ Citations: Ind Summary 12-Apr-1993, [1993] FLR 187 Statutes: Mental Health Act 1983 131 Jurisdiction: … Continue reading Regina v Kirklees Borough Council ex parte C (A Minor): CA 12 Apr 1993

Regina v Cannons Park Mental Health Review Tribunal, Ex Parte A: CA 2 Mar 1994

It was not unlawful for a patient to be detained for treatment, even though he was untreatable, and unwilling to be treated. A Mental Health tribunal appeal was to be allowed where patient was re-admitted. Citations: Gazette 08-Jun-1994, Gazette 30-Mar-1994, Times 02-Mar-1994 Statutes: Mental Health Act 1983 72(1)(b) Jurisdiction: England and Wales Citing: Appeal from … Continue reading Regina v Cannons Park Mental Health Review Tribunal, Ex Parte A: CA 2 Mar 1994

Regina on the Application of Tagoe-Thompson v the Hospital Managers of the Park Royal Centre: CA 12 Mar 2003

The applicant, detained under the section by the respondent, appealed refusal of a judicial review and a writ of habeas corpus. He had applied for a review of his detention. The review had been heard by a panel of three. Two judged in his favour. Held: The Act required a minimum of three votes in … Continue reading Regina on the Application of Tagoe-Thompson v the Hospital Managers of the Park Royal Centre: CA 12 Mar 2003

P, Regina (on the Application of) v Mental Health Review Tribunal for East Midlands and North East Regions: CA 16 Apr 2002

The issue before the tribunal was whether the disorder, if established, had resulted in abnormally aggressive or seriously irresponsible conduct in the past and there was a real risk that, if treatment in hospital were discontinued, it would do so in the future. Citations: [2002] EWCA Civ 697 Links: Bailii Jurisdiction: England and Wales Cited … Continue reading P, Regina (on the Application of) v Mental Health Review Tribunal for East Midlands and North East Regions: CA 16 Apr 2002

Modaresi, Regina (on The Application of) v Secretary of State for Health and Others: CA 23 Nov 2011

The appellant had been detained under the 1983 Act. Her appeal had been declined as out of time, and she now appealed against rejection of her request for judicial review. Held: The appeal failed, even though the application to the tribunal should have been treated by it as in time, and the claim against the … Continue reading Modaresi, Regina (on The Application of) v Secretary of State for Health and Others: CA 23 Nov 2011

St George’s Healthcare National Health Service Trust v S, Regina v Collins and Others ex parte S: CA 8 May 1998

The authority wanted S to be admitted to hospital, if necessary against her will. She was pregnant and wanted to have a natural birth, even at great risk to herself and her baby. She had refused medical treatment for eclampsia. The caesarian had by now been carried out against her will under court order. Held: … Continue reading St George’s Healthcare National Health Service Trust v S, Regina v Collins and Others ex parte S: CA 8 May 1998

C and Another v Birmingham and Solihull Mental Health NHS Trust and Another: CA 8 May 2013

The court was asked ‘whether a patient detained under the Mental Health Act 1983 may challenge a decision by the First-tier Tribunal to refuse to make an extra-statutory recommendation as to his future care or treatment.’ Judges: Laws, Rimer, Beatson LJJ Citations: [2013] EWCA Civ 701, [2013] AACR 1 Links: Bailii Statutes: Mental Health Act … Continue reading C and Another v Birmingham and Solihull Mental Health NHS Trust and Another: CA 8 May 2013

Modaresi, Regina (on The Application of) v Secretary of State for Health and Others: Admn 3 Mar 2011

The claimant sought judicial review of her detention under section 2 of the 1983 Act. Held: The request was rejected. The tribunal had been correct to treat the original application as out of time. The Secretary of State’s decision was neither unreasonable nor in breach of her rights under the Convention, and an isolated failure … Continue reading Modaresi, Regina (on The Application of) v Secretary of State for Health and Others: Admn 3 Mar 2011

Regina (on the Application of ‘S’) v the Secretary of Statefor the Home Department: CA 4 Apr 2003

The patient had been released on licence from prison. He later refused treatment for mental illness and was detained under the 1983 Act, though still on licence. His probation obtained the revocation of his licence, and he was recalled. He did not know of the revocation of his licence, but absconded from the hospital and … Continue reading Regina (on the Application of ‘S’) v the Secretary of Statefor the Home Department: CA 4 Apr 2003

RD and Another, Regina (on the Application Of) v Secretary of State for Work and Pensions: Admn 31 Oct 2008

This case concerns the question whether post-tariff life prisoners who have been transferred by the Secretary of State from prison to a mental health hospital under powers contained in sections 47 and 49 of the Mental Health Act 1983 [‘the 1983 Act’] are entitled to Income Support whilst in such a hospital. It is common … Continue reading RD and Another, Regina (on the Application Of) v Secretary of State for Work and Pensions: Admn 31 Oct 2008

Airedale NHS Trust v Bland: HL 4 Feb 1993

Procedures on Withdrawal of Life Support Treatment The patient had been severely injured in the Hillsborough disaster, and had come to be in a persistent vegetative state (PVS). The doctors sought permission to withdraw medical treatment. The Official Solicitor appealed against an order of the Court of Appeal permitting the action. Held: The appeal failed. … Continue reading Airedale NHS Trust v Bland: HL 4 Feb 1993

SR, Regina (on the Application of) v Mental Health Review Tribunal: Admn 14 Dec 2005

The patient had been detained under section 3. He applied to challenge his detention, but before the hearing, he was accepted on to a programme for supervision following his intended release the day before the hearing. His solicitors notified the tribunal of his change in status, but now appealed their refusal to decide his application. … Continue reading SR, Regina (on the Application of) v Mental Health Review Tribunal: Admn 14 Dec 2005

Regina (A) v Secretary of State for the Home Department: Admn 30 Jul 2002

The applicant had been a detained mental patient. He was granted a deferred order for his release. He challenged the delay of the respondent and his refusal to allow release under section 17 for overnight stays out of the hospital. Held: The secretary of state had a duty to act with reasonable speed. The department … Continue reading Regina (A) v Secretary of State for the Home Department: Admn 30 Jul 2002

Lumba (WL) v Secretary of State for The Home Department: SC 23 Mar 2011

The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as unlawful the respondent’s, at first unpublished, policy introduced in 2006, that by default, those awaiting deportation should be … Continue reading Lumba (WL) v Secretary of State for The Home Department: SC 23 Mar 2011

K v The Hospital Managers of The Kingswood Centre and Another: CA 23 Oct 2014

Appeal against an order refusing to grant a writ of habeas corpus in respect a person who lacks capacity to make relevant decisions for himself within the meaning of the Mental Capacity Act 2005 and who was at all material times detained under Section 3 of the Mental Health Act 1983 Judges: Lord Justice Ryder … Continue reading K v The Hospital Managers of The Kingswood Centre and Another: CA 23 Oct 2014

M, Regina (on The Application of) v London Borough of Hammersmith and Fulham and Another: Admn 3 Mar 2010

‘ This case concerns which local authority is responsible for meeting the accommodation costs of an individual detained under section 3 of the Mental Health Act 1983 who is then discharged back into the community.’ Judges: Mitting J Citations: [2010] EWHC 562 (Admin), (2010) 13 CCL Rep 217, [2010] BLGR 678, (2010) 116 BMLR 46, … Continue reading M, Regina (on The Application of) v London Borough of Hammersmith and Fulham and Another: Admn 3 Mar 2010

Regina (DJ) v Mental Health Review Tribunal; Regina (AN) v Mental Health Review Tribunal (Northern Region): Admn 11 Apr 2005

Each applicant sought judicial review of the refusal of the tribunal to authorise their release from detention under the 1983 Act, saying that the Tribunal had accepted evidence to a lower standard of proof. Held: Neither the criminal standard of proof nor the level of proof set down in Addington applied. To raise the standard … Continue reading Regina (DJ) v Mental Health Review Tribunal; Regina (AN) v Mental Health Review Tribunal (Northern Region): Admn 11 Apr 2005

E, Regina (on the Application of) v Bristol City Council: Admn 13 Jan 2005

The patient did not wish her nearest relative, namely her sister, to be involved with her case and there was evidence that she would be so distressed by the sister being consulted that it could harm her health. The sister likewise did not wish to become involved. Held: When an adult whose mental health is … Continue reading E, Regina (on the Application of) v Bristol City Council: Admn 13 Jan 2005

B, Regina (on the Application of) v Dr SS and others: Admn 31 Jan 2005

The claimant was a mental patient detained for a bipolar dis-order after convictions for rape. Judges: Silber J Citations: [2005] EWHC 86 (Admin) Links: Bailii Statutes: Mental Health Act 1983 Jurisdiction: England and Wales Citing: Cited – Handyside v The United Kingdom ECHR 7-Dec-1976 Freedom of Expression is Fundamental to SocietyThe appellant had published a … Continue reading B, Regina (on the Application of) v Dr SS and others: Admn 31 Jan 2005

Mersey Care NHS Trust, Regina (on the Application of) v Mental Health Review Tribunal and others: Admn 22 Jul 2004

Proceedings before the Mental Health Review Tribnal had been very nearly all held in private. The patient, Ian Brady sought to have his hearing in public. Held: Beatson J approved the Tribunal’s reasons forfind that their privacy rules were a proper and proportionate departure from the principle of open justice and thus compatible with article … Continue reading Mersey Care NHS Trust, Regina (on the Application of) v Mental Health Review Tribunal and others: Admn 22 Jul 2004

Regina on the Application of PD v West Midlands and North West Mental Health Review Tribunal: CA 17 Mar 2004

The medical member of the review tribunal to which the appellant had applied for his discharge from detention under section 3 of the Mental Health Act 1983 who was a consultant psychiatrist was not disqualified from considering the appellant’s case because he was employed by the Mersey Care National Health Service Trust: ‘We consider that … Continue reading Regina on the Application of PD v West Midlands and North West Mental Health Review Tribunal: CA 17 Mar 2004

Peabody Donation Fund v Sir Lindsay Parkinson and Co Ltd: HL 18 Oct 1983

Architects proposed a system of flexible drains for a site, but the contractors persuaded them to accept rigid drains which once laid proved inadequate at considerable cost. The local authority had permitted the departure from the plans. Held: The true question to found negligence was whether the particular defendant owed the particular plaintiff a duty … Continue reading Peabody Donation Fund v Sir Lindsay Parkinson and Co Ltd: HL 18 Oct 1983

Regina v Secretary of State for the Home Department and Another ex parte IH: HL 13 Nov 2003

The appellant had been found unfit to plead after assaulting his son, and he had been detained under the 1964 Act. He alleged his detention was in breach of his right to a fair trial. His release had been authorised subject to the appointment of a supervising psychiatrist. He complained that his detention was unlawful … Continue reading Regina v Secretary of State for the Home Department and Another ex parte IH: HL 13 Nov 2003

Regina v East London and the City Mental Health NHS Trust and Another ex parte Von Brandenburg (Aka Hanley): HL 13 Nov 2003

The patient was ordered to be discharged and released from hospital. The tribunal making the order had not accepted the medical recommendations. His release was deferred pending the finding of accommodation, but in the meantime, a social worker applied for his re-admission. Held: The approved social worker could not apply in these circumstances unless he … Continue reading Regina v East London and the City Mental Health NHS Trust and Another ex parte Von Brandenburg (Aka Hanley): HL 13 Nov 2003

PD, Regina (on the Application of) v West Midlands and North West Mental Health Review Tribunal: Admn 22 Oct 2003

The claimant was detained as a mental patient. He complained that a consultant employed by the NHS Trust which detained him, also sat on the panel of the tribunal which heard the review of his detention. Held: Such proceedings did engage the applicant’s right to a fair trial. The issue was whether a fair-minded and … Continue reading PD, Regina (on the Application of) v West Midlands and North West Mental Health Review Tribunal: Admn 22 Oct 2003

A, Regina (on the Application of) v Harrow Crown Court and others: Admn 14 Aug 2003

The applicant sought his release from detention in hospital, correction of records at the Crown Court, and confirmation that his detention had infringed his human rights. He had been accused of two assaults, but was found unfit to plead under section 4 by a jury. He was however later made subject to the s37 order. … Continue reading A, Regina (on the Application of) v Harrow Crown Court and others: Admn 14 Aug 2003

Ward v The Commissioner of Police for the Metropolis and Epsom and St Helier NHS Trust: CA 30 Jul 2003

The claimant sought damages for the circumstances of her having been taken into custody. A magistrate had issued a warrant to require her to be removed to a place of safety. The warrant named a social worker and doctor to accompany the officer. The warrant was executed but the social worker and doctor were not … Continue reading Ward v The Commissioner of Police for the Metropolis and Epsom and St Helier NHS Trust: CA 30 Jul 2003

Munjaz v Mersey Care National Health Service Trust And the Secretary of State for Health, the National Association for Mental Health (Mind) Respondent interested;: CA 16 Jul 2003

The claimant was a mental patient under compulsory detention, and complained that he had been subjected to periods of seclusion. Held: The appeal succeeded. The hospital had failed to follow the appropriate Code of Practice. The Code was not obligatory, but following it would generally ensure that a patient’s rights were not infringed. It recognised … Continue reading Munjaz v Mersey Care National Health Service Trust And the Secretary of State for Health, the National Association for Mental Health (Mind) Respondent interested;: CA 16 Jul 2003

B, Regina (on the Application of) v Ashworth Hospital Authority: CA 15 Apr 2003

B having been made subject to a court hospital order classifying him as suffering from a mental illness, complained when he was later detained under section 63 as subject to a personality disorder. Held: At all times, B was classified as suffering from a mental illness, and the tribunal had not said his condition was … Continue reading B, Regina (on the Application of) v Ashworth Hospital Authority: CA 15 Apr 2003

KB and Others, Regina (on the Applications of) v Mental Health Review Tribunal: Admn 23 Apr 2002

Damages were claimed by three mental health patients whose rights under Article 5(4) had been infringed because of inordinate delay in processing their claims to mental health review tribunals. Held: Article 5.5 did not make an award of damages mandatory. It was complied with provided that it was possible to make an application for compensation; … Continue reading KB and Others, Regina (on the Applications of) v Mental Health Review Tribunal: Admn 23 Apr 2002

T and others v Mental Health Review Tribunal and G: Admn 22 Feb 2002

The applicant’s former partner, G, had been detained under the Act. She had obtained an injunction to keep him away, but whilst exercising staying contact with her child, he had killed his own parents, and was now detained. The tribunal had ordered his conditional release. She sought a copy of the decision, and now sought … Continue reading T and others v Mental Health Review Tribunal and G: Admn 22 Feb 2002

Lee-Hirons, Regina (on The Application of) v Secretary of State for Justice and Another: Admn 28 Jun 2013

This case raises, among other matters, an issue about whether reasons for a restricted patient’s recall to detention in a hospital have to be provided orally or in writing. Judges: Dingemans Citations: [2013] EWHC 1784 (Admin), [2015] 2 WLR 256, [2015] 1 QB 385 Links: Bailii Statutes: Mental Health Act 1983 42(3), Human Rights Act … Continue reading Lee-Hirons, Regina (on The Application of) v Secretary of State for Justice and Another: Admn 28 Jun 2013

Regina v Managers of South Western Hospital and Another, Ex Parte M: QBD 24 Mar 1993

The patient was detained on the application of an AMHP. In purported pursuance of section 11(4) the AMHP had consulted the patient’s mother as her nearest relative. However, the patient’s mother was not ordinarily resident in the UK, and, according to the statutory definition of ‘nearest relative’, the AMHP ought to have consulted the patient’s … Continue reading Regina v Managers of South Western Hospital and Another, Ex Parte M: QBD 24 Mar 1993

Regina v Secretary of State for the Home Department Ex Parte Harry: QBD 3 Jun 1998

The Home Secretary had the duty to make a decision on the release of a mental patient, and in doing so had no obligation to follow the recommendation of the tribunal, but he must still act fairly and disclose what was happening in the making of his decision. Citations: Gazette 03-Jun-1998 Statutes: Mental Health Review … Continue reading Regina v Secretary of State for the Home Department Ex Parte Harry: QBD 3 Jun 1998

In Re L (By His Next Friend GE); Regina v Bournewood Community and Mental Health NHS Trust, Ex Parte L: HL 25 Jun 1998

The applicant was an adult autistic, unable to consent to medical treatment. Treatment was provided at a day centre. He had been detained informally under the Act and against the wishes of his carers, but the Court of Appeal decided he should have been formally detained. Held: The appeal succeeded. His detention had not been … Continue reading In Re L (By His Next Friend GE); Regina v Bournewood Community and Mental Health NHS Trust, Ex Parte L: HL 25 Jun 1998

Regina (Wirral Health Authority and Another) v Mental Health Review Tribunal and Another: CA 13 Nov 2001

The applicant had been detained under the Act. His detention had been ended by the Mental Health Tribunal, but he had been detained again under s3. The decision was later quashed, and he asserted that upon that decision, an earlier sentence of imprisonment took effect, preventing his re-detention. The Tribunal’s detention was later quashed. Held: … Continue reading Regina (Wirral Health Authority and Another) v Mental Health Review Tribunal and Another: CA 13 Nov 2001

Regina (on the application of H) v Mental Health Review Tribunal, North and East London Region: CA 28 Mar 2001

The section placed the burden upon a specially restricted patient to prove that he was not suffering from a mental disorder of a nature or degree requiring him to be detained, before the Tribunal could order his release. This shifting of the burden was in breach of his human rights not to be detained. It … Continue reading Regina (on the application of H) v Mental Health Review Tribunal, North and East London Region: CA 28 Mar 2001

Regina (Count Franz Von Brandenburg (aka Hanley) ) v East London and The City Mental Health NHS Trust, Snazell, Approved Social worker: CA 21 Feb 2001

The court was asked ‘When a mental health review tribunal has ordered the discharge of a patient, is it lawful to readmit him under section 2 or section 3 of the [Mental Health Act 1983] where it cannot be demonstrated that there has been a relevant change of circumstances?’ Held: There was nothing to prevent … Continue reading Regina (Count Franz Von Brandenburg (aka Hanley) ) v East London and The City Mental Health NHS Trust, Snazell, Approved Social worker: CA 21 Feb 2001

Regina v Mental Health Review Tribunal; Torfaen County Borough Council and Gwent Health Authority (ex parte Russell Hall): CA 30 Jul 1999

A patient having been convicted of manslaughter eventually applied for release. The authorities were concerned that he might have a spontaneous recurrence of his condition, but delayed preparation of a plan for his release. The Tribunal refused to order his release despite the delay. A review of the Tribunal failed because the Tribunal had no … Continue reading Regina v Mental Health Review Tribunal; Torfaen County Borough Council and Gwent Health Authority (ex parte Russell Hall): CA 30 Jul 1999

Regina v Tower Hamlets Health Care NHS Trust and Snazell ex parte Von Brandenburg: Admn 26 Jun 2000

Citations: [2000] EWHC Admin 362 Links: Bailii Statutes: Mental Health Act 1983 2 3 Jurisdiction: England and Wales Citing: Appealed to – Regina (Count Franz Von Brandenburg (aka Hanley) ) v East London and The City Mental Health NHS Trust, Snazell, Approved Social worker CA 21-Feb-2001 The court was asked ‘When a mental health review … Continue reading Regina v Tower Hamlets Health Care NHS Trust and Snazell ex parte Von Brandenburg: Admn 26 Jun 2000

Regina v Mental Health Review Tribunal; Torfaen County Borough Council and Gwent Health Authority ex parte Hall: Admn 23 Apr 1999

The tribunal had ordered the conditional discharge of the patient, subject to conditions to be satisfied by the local health authority. The authority had failed to make the arrangements which would have satisfied the relevant conditions, and as a result the patient remained in detention in hospital. Held: A health or social services authority has … Continue reading Regina v Mental Health Review Tribunal; Torfaen County Borough Council and Gwent Health Authority ex parte Hall: Admn 23 Apr 1999

Regina v Central and North-West London Mental Health NHS Trust: QBD 9 Dec 2002

The patient sought his discharge. A panel of three sat, but only two members voted for his release. Held: The Act allowed a panel with a minimum quorum of three, but also required a minimum of three to vote in favour. The mere majority was insufficient. The Grindley case was not enough to allow a … Continue reading Regina v Central and North-West London Mental Health NHS Trust: QBD 9 Dec 2002

Regina v Mental Health Review Tribunal for South Thames Region ex parte Anthony David Smith: Admn 4 Aug 1998

When assessing the release of a detained patient the tribunal must look at the ‘nature or degree’ of the illness disjunctively and not conjunctively. A person subject to a serious illness but without current symptoms might still be detained. Citations: Times 09-Dec-1998, [1998] EWHC Admin 832 Links: Bailii Statutes: Mental Health Act 1983 72(1)(b)(I) Health … Continue reading Regina v Mental Health Review Tribunal for South Thames Region ex parte Anthony David Smith: Admn 4 Aug 1998

Regina v Mental Health Act Commission ex parte Smith: Admn 11 May 1998

The Commission had power to hear a complaint about treatment since the power to detain also carried the power to treat, and a complaint about one part carried a power to complain about the rest. Citations: Times 18-May-1998, [1998] EWHC Admin 524 Links: Bailii Statutes: Mental Health Act 1983 120(b)(ii) Health, Jury Updated: 27 May … Continue reading Regina v Mental Health Act Commission ex parte Smith: Admn 11 May 1998

Regina (Sim) v Parole Board: CA 18 Dec 2003

The prisoner had been sentenced to an extended term of five years imprisonment for indecent assault. He had been released, and then recalled for alleged breaches of his licence. The respondent appealed findings that such a recall was subject to article 5, and that his release would be mandatory under s44A(b) if his continued detention … Continue reading Regina (Sim) v Parole Board: CA 18 Dec 2003

Regina (on the application of K) v Camden and Islington Health Authority: CA 21 Feb 2001

The duty of a local authority to seek to provide resources to care for a mental patient after release into the community, is not absolute, and is subject to the limitations of the availability of a sufficient budget. A continued detention in hospital of a patient because of the absence of such proper provision was … Continue reading Regina (on the application of K) v Camden and Islington Health Authority: CA 21 Feb 2001

Afework, Regina (on The Application of) v London Borough of Camden: Admn 13 Jun 2013

Judgment on the claimant’s application for permission to apply for judicial review as to whether the defendant local authority is duty bound by virtue of the terms of section 117 of the Mental Health Act 1983, to provide the claimant, in his particular circumstances, with accommodation free-of-charge. Judges: Mostyn J Citations: [2013] EWHC 1637 (Admin) … Continue reading Afework, Regina (on The Application of) v London Borough of Camden: Admn 13 Jun 2013

Regina v Collins; Pathfinder Mental Health Services NHS Trust and St Georges Healthcare NHS Trust ex parte S: Admn 7 May 1998

The authority obtained an ex parte order allowing it to give treatment in the form of a medically assisted birth, to the claimant against her will. Citations: Times 08-May-1998, Gazette 03-Jun-1998, [1998] EWHC Admin 490 Links: Bailii Statutes: Mental Health Act 1983 2 Jurisdiction: England and Wales Citing: See Also – Regina v Collins; Pathfinder … Continue reading Regina v Collins; Pathfinder Mental Health Services NHS Trust and St Georges Healthcare NHS Trust ex parte S: Admn 7 May 1998

Regina v Bournewood Community and Mental Health NHS Trust, Ex parte L: CA 2 Dec 1997

The applicant was severely autistic, and unable to consent to medical treatment. He had been admitted voluntarly to a mental hospital and detained under common law powers. The Hospital trust appealed a finding that his detention had been unlawful. Held: He had in fact been detained: ‘We do not consider that the judge was correct … Continue reading Regina v Bournewood Community and Mental Health NHS Trust, Ex parte L: CA 2 Dec 1997

Regina v Ealing District Health Authority, ex parte Fox: 1993

A patient’s conditional discharge had been ordered by a tribunal. One of the conditions imposed by the tribunal was the appointment by the health authority of a responsible medical officer to provide psychiatric supervision of the patient in the community. The authority refused to make the appointment. Held: ‘I reject the submission that this duty … Continue reading Regina v Ealing District Health Authority, ex parte Fox: 1993

Regina v Secretary of State for the Home Department, Ex Parte Didlick: QBD 30 Mar 1993

A restriction did not expire simply by being allowed to elapse, but could only be brought to an end by a direction from the Home Secretary or by the patient being discharged from the hospital. Citations: Times 30-Mar-1993 Statutes: Mental Health Act 1959, Mental Health Act 1983 Jurisdiction: England and Wales Health Updated: 16 May … Continue reading Regina v Secretary of State for the Home Department, Ex Parte Didlick: QBD 30 Mar 1993

Clunis v Camden and Islington Health Authority: QBD 12 Dec 1996

The plaintiff brought proceedings against the defendant health authority for negligence and breach of duty of care on the ground that, if he had been properly treated, he would not have killed his victim and would not have been convicted of the offence of manslaughter. He alleged that the consequence of the defendant’s breach of … Continue reading Clunis v Camden and Islington Health Authority: QBD 12 Dec 1996

Regina (C) v London South and West Region Mental Health Review Tribunal: CA 2001

A standardised period before a hearing to review a patient’s detention that does not vary with the facts of each case may involve a breach of the Convention right. Citations: [2001] EWCA Civ 1110, [2002] 1 WLR 176 Statutes: European Convention on Human Rights, Mental Health Act 1983 Jurisdiction: England and Wales Cited by: Cited … Continue reading Regina (C) v London South and West Region Mental Health Review Tribunal: CA 2001

EC v Birmingham and Solihull Mental Health NHS Trust: UTAA 8 May 2013

Two patients were each subject to hospital orders and restriction orders under the Mental Health Act 1983. On a reference to the First-tier Tribunal, the first patient did not seek a discharge but instead sought an extra-statutory recommendation that he be granted leave outside the hospital. Before hearing any evidence, the First-tier Tribunal announced that … Continue reading EC v Birmingham and Solihull Mental Health NHS Trust: UTAA 8 May 2013

Regina v Collins; Pathfinder Mental Health Services NHS Trust and St George’s Health Care NHS Trust ex parte ‘S’: Admn 17 Mar 1997

The applicant sought to challenge a decision that she should be sterilised, and detained as a mental patient for this purpose. Judges: Popplewell J Citations: [1997] EWHC Admin 281 Statutes: Mental Health Act 1983 2, Supreme Court Act 1981 31(6) Jurisdiction: England and Wales Citing: See Also – Regina v Collins; Pathfinder Mental Health Services … Continue reading Regina v Collins; Pathfinder Mental Health Services NHS Trust and St George’s Health Care NHS Trust ex parte ‘S’: Admn 17 Mar 1997

In Re F (A Child): CA 13 Oct 1999

Where a child, having attained sixteen, but with severe mental disability, sought to return home where the local authority feared she might be the victim of abuse, the proper approach was to seek wardship, where she might have separate representation. An application for the displacement of the father as the nearest relative was inappropriate, since … Continue reading In Re F (A Child): CA 13 Oct 1999

In Re Barker; Regina v Bhb Community Healthcare NHS Trust and Another, Ex Parte Barker: CA 14 Oct 1998

A mental patient’s detention under s 3 should not be renewed under s 20 when she was absent from the hospital on home leave. Judicial review is to be preferred to habeas corpus as a means of seeking remedies in these situations. Citations: Times 14-Oct-1998 Statutes: Mental Health Act 1983 3, 20 Jurisdiction: England and … Continue reading In Re Barker; Regina v Bhb Community Healthcare NHS Trust and Another, Ex Parte Barker: CA 14 Oct 1998

Regina (C) v Mental Health Review Tribunal: CA 11 Jul 2001

When a person detained compulsorily applied for a review of his admission, it was unacceptable to list all such cases to be heard only after eight weeks. Whilst such cases might often require detailed assessment which would take some time after admission, and the consequences of a decision to confirm the detention were serious for … Continue reading Regina (C) v Mental Health Review Tribunal: CA 11 Jul 2001

Regina v Mental Health Tribunal for North East Thames Region, ex parte Secretary of State for the Home Department: CA 20 Feb 2001

The jurisdiction with respect to restricted patients of the Tribunal was to decide whether the Act allowed the patient to be discharged or re-classified. Questions about the transfer of patients to other less secure facilities were not part of the tribunals jurisdiction, and it could not adjourn for consideration of such an option. Citations: Times … Continue reading Regina v Mental Health Tribunal for North East Thames Region, ex parte Secretary of State for the Home Department: CA 20 Feb 2001