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
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
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
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
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
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
Upon the allegedly negligent release of the claimant from mental health care, she had, while in the midst of a serious psychotic episode, derived from the schizophrenia, killed her mother and been convicted of manslaughter. She now sought damages in negligence. The defendant relied upon a defence of illegality. Held: All the heads of claim … Continue reading Henderson v Dorset Healthcare University NHS Foundation Trust: CA 3 Aug 2018
The claimant appealed against an order striking out his claim in negligence. He had leaped from a window in a suicide attempt. The accommodation was provided by the defendant whilst caring for him under the 1983 Act. Held: The case should be allowed to go ahead. Though the common law tort of negligence is still … Continue reading K v Central and North West London Mental Health NHS Trust and Another: QBD 30 May 2008
dispute about which of two local authorities should pay for care services, in this case after-care services pursuant to s.117(3) of the Mental Health Act 1983 Lord Justice Coulson, Lady Justice Carr, And, Lord Justice William Davis [2021] EWCA Civ 1957 Bailii, Judiciary England and Wales Health, Local Government Updated: 28 December 2021; Ref: scu.670716
the interpretation of section 73(2) (and section 42(2)) may depend, in part at least, on what is meant by ‘discharge’. Held: Mann J said that it meant ‘discharge from hospital’, so that a condition could not be imposed that the patient reside in another hospital, even if not under conditions of detention. Mann J [1986] … Continue reading Secretary of State for the Home Department v Mental Health Review Tribunal for Mersey Regional Health Authority: Admn 1986
The plaintiff had killed someone and, as a result, been convicted of manslaughter and ordered to be detained in a secure hospital when subject to after-care under section 117 of the 1983 Act. He sought damages from the health authority on the basis that he would not have killed anyone but for negligence on the … Continue reading Clunis (By his Next Friend Prince) v Camden and Islington Health Authority: CA 5 Dec 1997
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The claimant had been discharged from inpatient treatment under the 1983 Act, and now sought to oblige the respondent local authorities to provide the assistance he needed. Judges: Hickinbottom J Citations: [2010] EWHC 1462 (Admin), (2010) 13 CCL Rep 454, [2010] BLGR 868, [2010] ACD 86, [2011] PTSR 965 Links: Bailii Statutes: Mental Health Act … Continue reading Mwanza, Regina (on The Application of) v London Borough of Greenwich and Another: Admn 15 Jun 2010
Local Authorities who found themselves obliged to provide care for former mental patients were not free to charge for the services. The section imposing the obligation could not be looked at as a gateway provision before services were provided under other statutory provisions. The references by other sections to services provided under this section made … Continue reading Regina v Richmond London Borough Council, Ex Parte Watson; Regina v Manchester City Council, Ex Parte Stennett; etc: CA 28 Sep 2000
Stephen Davies HHJ [2016] EWHC 2855 (Admin) Bailii Mental Health Act 1983 3 117 England and Wales Health Updated: 25 January 2022; Ref: scu.571052
The applicants were former mental patients who had been admitted to hospital compulsorily under section 3. On their release they were to be given support under section 117. The authorities sought to charge for these services, and appealed a decision that the services should be free. Held: Section 117 imposed a clear and free standing … Continue reading Regina v Manchester City Council, ex parte Stennett etc: HL 25 Jul 2002
The parties had married, but the male partner was a transsexual, having been born female and having undergone treatment for Gender Identity Dysphoria. After IVF treatment, the couple had a child. As the marriage broke down the truth was revealed in court, but the plaintiff said that his wife had known the true position. He … Continue reading J v S T (Formerly J): CA 21 Nov 1996
The court was asked whether either, and if so which, of two local authorities have the duty under section 117 of the 1983 Act to provide after-care services on the release of SF aged 23 from compulsory detention for treatment under that Act. The applicant challenged a position statement of South Tyneside Council, suggesting that … Continue reading Sunderland City Council, Regina (on The Application of) v South Tyneside Council: Admn 15 Jul 2011
The applicant was a restricted mental patient. His conditional release had been ordered, but required a consultant psychiatrist to be found who would agree to supervise him. None such could be found, and his detention continued. After two years he contended that his continued detention infringed his human rights. Held: Campbell’s case required s73 to … Continue reading Regina (IH) v Secretary of State for the Home Department and Another: CA 15 May 2002
The club regulated greyhound racing. The claimant had complained that its disciplinary proceedings had been conducted unfairly. He said that a panel member had an interest as veterinary surgeon in the proceedings at the stadium at which the alleged offence occurred. Held: The appeal by the club succeeded. No bias whether real or apparent had … Continue reading Flaherty v National Greyhound Racing Club Ltd: CA 14 Sep 2005
Judges: Lord Justice Clarke Citations: [2002] EWCA Civ 388, [2002] 1 WLR 2583, [2002] 1 FLR 1177 Links: Bailii Statutes: Mental Health Act 1983 Jurisdiction: England and Wales Information, Health, Local Government Updated: 29 June 2022; Ref: scu.170019
Dispute between two local authorities over who has responsibility under section 117 of the Mental Health Act 1983 (‘the Act’) for the aftercare of a person, originally made the subject of a hospital order with restrictions by an order of the Crown Court, who has been conditionally discharged for the second time from detention at … Continue reading Wiltshire Council, Regina (on The Application of) v Hertfordshire County Council: CA 22 May 2014
The claimant suffered psychiatric injury in a rail crash caused by the defendant’s negligence. Under this condition of Post-Traumatic Stress Disorder, the claimant had later gone on to kill another person, and he had been detained under section 41. He now sought damages for his loss of earnings through detention in prison and mental hospital. … Continue reading Gray v Thames Trains and Others: HL 17 Jun 2009
The 1987 Regulations provided additional benefits for disabled persons, but excluded from benefit those who had nowhere to sleep. The claimant said this was irrational. He had been receiving the disability premium to his benefits, but this was cancelled when he lost his home. Held: The appeal was dismissed. The disabilty premium, as part of … Continue reading RJM, Regina (on the Application of) v Secretary of State for Work and Pensions: HL 22 Oct 2008
Judges: The Honourable Mr Justice Cobb Citations: [2019] EWHC 2306 (Fam) Links: Bailii Statutes: Mental Health Act 1983 117 Jurisdiction: England and Wales Health Updated: 06 February 2022; Ref: scu.648669
Application for claim to be struck out. Newey J [2016] EWHC 1954 (Ch) Bailii Mental Health Act 1983 2 25A 117 England and Wales Citing: Cited – Mwanza, Regina (on The Application of) v London Borough of Greenwich and Another Admn 15-Jun-2010 The claimant had been discharged from inpatient treatment under the 1983 Act, and … Continue reading Richards v Worcestershire County Council and Another: ChD 28 Jul 2016
Claim by AK against the London Borough of Islington (Children Services Department) and the North Central London Clinical Commissioning Group alleging that the defendants failed to adequately assess and plan for her needs following her discharge from hospital pursuant to s.117 of the Mental Health Act 1983 His Honour Judge Lickley QC Sitting as a … Continue reading AK, (A Child), Regina (on The Application of) v The London Borough of Islington and Another: Admn 16 Feb 2021
Exercise of Prerogative Power is Reviewable The House considered an executive decision made pursuant to powers conferred by a prerogative order. The Minister had ordered employees at GCHQ not to be members of trades unions. Held: The exercise of a prerogative power of a public nature may be, subject to constraints of national security and … Continue reading Council of Civil Service Unions v Minister for the Civil Service: HL 22 Nov 1984
The deceased had been detained as a mental patient and supported after her release, by her family financially. Her representatives now said that the respondent had failed in its obligation to provide support for no charge. The authority said that the case brought by way of judicial review was brought out of time. Held: The … Continue reading Stojak, Regina (on The Application of) v Sheffield City Council: Admn 22 Dec 2009
The appellant solicitor acted in a land transaction. The land was mortgaged to the respondent bank. She wrote to the bank stating her client’s intention to repay the whole loan. The letter was negligently mistaken and the bankers allowed the . .
