‘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
A patient discharged conditionally under one part of the Act can still be detained properly under another. They constitute separate and distinct codes. Citations: Times 27-Aug-1997 Statutes: Mental Health Act 1983 Jurisdiction: England and Wales Health Updated: 09 November 2022; Ref: scu.87451
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
Judges: Newman J Citations: [2004] EWHC 51 (Admin) Links: Bailii Statutes: mental Health Act 1983 37 41 Jurisdiction: England and Wales Health Updated: 01 July 2022; Ref: scu.226860
The wife petitioned for divorce, alleging cruelty. Held: It had not been a misdirection for the petitioner to have to prove her case beyond reasonable doubt: ‘A high standard of proof’ was required because of the importance of such a case to the parties and the community. although it was a misdirection for a judge … Continue reading Bater v Bater: CA 1951
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
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
Where a patient was detained having been diagnosed as suffering from two mental health conditions justifying his detention, a finding that one condition was in remission but might return, but which could not at that time be used to justify his continued detention, did not oblige the tribunal to delete that condition as a basis … Continue reading Regina v Anglia and Oxfordshire Mental Health Review Tribunal, Ex Parte Hagan: CA 21 Jan 2000
The claimant was detained in a secure Mental Hospital. He complained at the seclusions policy applied by the hospital, saying that it departed from the Guidance issued for such policies by the Secretary of State under the Act. Held: The House allowed the Hospital’s appeal. The policy was lawful. Seclusion was to be seen as … Continue reading Regina v Ashworth Hospital Authority (Now Mersey Care National Health Service Trust) ex parte Munjaz: HL 13 Oct 2005
The appellant was detained under section 37 of the 1983 Act as a mental patient with a restriction under section 41. He sought his release. Held: The standard of proof in such applications remained the balance of probabilities, but that standard was flexible, and varied according to the seriousness of the allegation. The only misdirection … Continue reading AN, Regina (on the Application of) v Mental Health Review Tribunal (Northern Region) and others: CA 21 Dec 2005
The Court was asked: ‘As: (i) a public body with obligations in public law and (ii) a public authority under the Human Rights Act 1998 can the Secretary of State for Health ‘the S/S’ lawfully refuse to refer a patient’s case to the First-tier Mental Health Review Tribunal ‘MHRT’ under section 67(1) of the Mental … Continue reading Modaresi, Regina (on The Application of) v Secretary of State for Health: SC 24 Jul 2013
There had been a trial of 35 days regarding rights of way over land, which had proved fruitless, and where some orders had been made without jurisdiction. The result had been inconclusive. The costs order was now appealed, the plaintiff complaining that the judge had failed to take into account an offer of settlement made … Continue reading Cutts v Head and Another: CA 7 Dec 1983
The appellant Khera’s father had obtained leave to settle in the UK. The appellant obtained leave to join him, but did not disclose that he had married. After his entry his wife in turn sought to join him. The appellant was detained as an illegal immigrant. Held: The term ‘illegal immigrant’ included anyone entering unlawfully. … Continue reading Khera v Secretary of State for The Home Department; Khawaja v Secretary of State for The Home Department: HL 10 Feb 1983
The Court considered the meaning of ‘discharge’ from a mental health hospital. Elias J held that it meant ‘discharge from detention in hospital’, so that there could be a discharge on condition of residence in another hospital: but he also held that the crucial question was whether the conditions amounted to detention, which was not … Continue reading Secretary of State for the Home Department, Regina (on the Application of) v Mental Health Review Tribunal: Admn 20 May 2002
The appellant, detained for assessment under section 2, was too disabled to make an application to the court on her own behalf. After a dispute between her mother and the medical officer over her treatment, an application was made to the county . .
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Challenge to restriction order made in defendant’s absence. Citations: [1998] EWHC Admin 786 Links: Bailii Statutes: Mental Health Act 1983 51(5) Criminal Practice, Health Updated: 27 May 2022; Ref: scu.138907
That a mentally disturbed defendant may cause embarrassment by his behaviour in court was no reason for him not to be brought to court to be present when an order detaining him under the Act was to be made. The words of section 51(5) must be construed restrictively, and it was not to be applied … Continue reading Regina (Kenneally) v Snaresbrook Crown Court: Admn 27 Nov 2001
The claimant prisoner challenged an order for his remission from a secure mental hospital to prison Judges: Mr Rec Fordham QC Citations: [2013] EWHC 3613 (Admin) Links: Bailii Statutes: Mental Health Act 1983 50(1) Jurisdiction: England and Wales Prisons, Health Updated: 09 December 2022; Ref: scu.519980
The claimant sought to unravel a settlement she had made as receiver for her late husband, saying that it had been made without consideration of its Inheritance Tax implications. The Revenue said that there was no operative mistake so as to allow the rule in Hastings-Bass to apply allowing the variation. Held: For the rule … Continue reading Pitt and Another v Holt and Another: ChD 18 Jan 2010
Citations: [1998] EWCA Civ 1630 Statutes: Mental Health Act 1983 83 Jurisdiction: England and Wales Health Updated: 25 November 2022; Ref: scu.145109
Citations: [2002] EWHC 1618 (Admin), [2003] 1 WLR 330 Links: Bailii Statutes: Mental Health Act 1983 17 Jurisdiction: England and Wales Health Updated: 06 November 2022; Ref: scu.175138
The defendant authority appealed a finding that it was liable in negligence from the conduct of one of its environmental health officers. The plaintiff had set out to refurbish and open a restaurant. He said the officer gave him a list of things he must do. He had done them, but the licence was still … Continue reading Welton, Welton v North Cornwall District Council: CA 17 Jul 1996
The copyright tribunal was given a wide discretion for the awarding of costs on applications made to it for licenses. The nature of the applications and the different basis makes it dangerous to import rules for awards from the general rules on costs. The Copyright Tribunal was wrong to award costs on an award to … Continue reading AEI Rediffusion Music Ltd v Phonographic Performance Ltd: CA 1 Feb 1999
The court considered appeals by prisoners subject to indeterminate sentences (either imprisonment for public protection (IPP) or a life sentence) passed between 1997 and 2008, where there had been medical evidence before the court suggesting the possibility of a hospital order, and ‘a major effect of the decision of a judge to impose an indeterminate … Continue reading Vowles and Others, Regina v: CACD 5 Feb 2015
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
G was a prisoner who was refused permission by the Home Secretary to consult a solicitor with a view to bringing libel proceedings against a prison officer. The court construed article 6 of ECHR, which provides that ‘in the determination of his civil rights . . everyone is entitled to a fair . . hearing’, … Continue reading Golder v The United Kingdom: ECHR 21 Feb 1975
The claimant, a detained mental patient said that his continued detention in a higher security unit was not required. Judges: Platts HHJ Citations: [2012] EWHC 521 (QB) Links: Bailii Statutes: Mental Health Act 1983 136 Jurisdiction: England and Wales Health Updated: 18 July 2022; Ref: scu.519779
The claimant was a victim of the Ladbroke Grove rail crash. He later committed and was convicted of a manslaughter and detained under the 1983 Act. He said that the accident had caused a major personality change. The defendant relied on the defence of ex turpi causa non oritur actio. Held: The claimant’s appeal succeeded. … Continue reading Gray v Thames Trains Ltd and Another: CA 25 Jun 2008
The police went to detain the appellant under the 1983 Act. To do so they entered the property against her wishes. She resisted detention, and now appealed her conviction for assaulting the Police officers in the execution of their duty, saying that the entry was unlawful, and that detention under the 1983 Act was not … Continue reading D’Souza v Director of Public Prosecutions: HL 15 Oct 1992
The claimants had been convicted of murder, but their tariffs had not yet been set when the 2003 Act came into effect. They said that the procedure under which their sentence tarriffs were set were not compliant with their human rights in that the tarriff was set by reference back to a judge without a … Continue reading Hammond, Regina (on the Application of) v Secretary of State for the Home Department: HL 1 Dec 2005
Judges: Sullivan J Citations: [2002] EWHC 1521 (Admin) Links: Bailii Statutes: Mental Health Act 1983 37 Jurisdiction: England and Wales Health Updated: 30 June 2022; Ref: scu.241519
The defendant had been convicted of various offences of violence but then was then to be held in a secure mental hospital. A place was not available, and an order only became available some nine months later, at which time, he argued that the order was no longer appropriate. In the meantime the defendant had … Continue reading Plinio Galfetti v Regina: CACD 31 Jul 2002
The claimant had sought to bring proceedings against the respondent, but as a mental patient subject to the 1983 Act, had been obliged by the section first to obtain consent. The parties disputed whether the failure was a procedural or substantial failing and whether it made the proceedings a nullity. Held: The claimant’s appeal failed. … Continue reading Seal v Chief Constable of South Wales Police: HL 4 Jul 2007
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
The appellants challenged the legality under European law of orders under the Act restricting their freedom of movement, after suspicion of involvement in football violence. Held: Although the proceedings under which orders were made were civil, the standard of proof required was virtually that of a criminal court. Public policy could be used to justify … Continue reading Gough and Another v Chief Constable of Derbyshire: CA 20 Mar 2002
The appellant had been detained in a mental hospital after a conviction. Later released, he was recalled, but he was not given written reasons as required by a DoH circular. However the SS referred the recall immediately to the Tribunal. He appealed from refusal of a finding that his subsequent detention had been unlawful. Held: … Continue reading Lee-Hirons v Secretary of State for Justice: SC 27 Jul 2016
The Court was asked significant questions as to the procedure to be followed when a person is recalled by the Secretary of State to be detained in a hospital under the power conferred by section 42(3) of the Mental Health Act 1983. The Appellant contends that his recall was effected unlawfully, and that his subsequent … Continue reading Lee-Hirons, Regina (on The Application of) v The Secretary of State for Justice and Another: CA 1 May 2014
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
Judges: Jackson J Citations: [2005] EWHC 2361 (Admin) Links: Bailii Statutes: Mental Health Act 1983 23 Jurisdiction: England and Wales Health Updated: 29 May 2022; Ref: scu.235185
Judges: Richards J Citations: [1998] EWHC Admin 516 Links: Bailii Statutes: Mental Health Act 1983 35 Health, Criminal Practice Updated: 27 May 2022; Ref: scu.138637
(Scotland) A detention in hospital which was capable of preventing the deterioration of a psychopathic disorder in a patient was sufficient to bring his detention within the requirement for treatment which might alleviate a condition, which phrase has a wide meaning. ‘Medical treatment’ could include treatment which alleviates or prevents a deterioration of the symptoms … Continue reading Hutchison Reid v Secretary Of State For Scotland and Another: HL 5 Feb 1998
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
The claimant sought damages for repudiation of a charterparty. The charterpary had been intended to continue until 2005. The charterer repudiated the contract and that repudiation was accepted, but before the arbitrator could set his award, the Iraq war broke out, under which the charterer could have terminated the charter as of right. The defendant … Continue reading Golden Strait Corporation v Nippon Yusen Kubishka Kaisha (‘The Golden Victory’): HL 28 Mar 2007
Hughes LJ said that the detention for public protection regime and that under sections 37/41 of the 1983 Act have features in common. Under both, release is discretionary in the hands of the Secretary of State, effectively the Ministry of Justice. There is no absolute right to release. The test for the exercise of the … Continue reading Attorney-General’s Reference No 54 of 2011: CACD 2012
The patient had been attending a course in the UK for her work. She suffered a further episode of a bipolar condition. Being pregnant she stopped taking her medication. Her mental condition deteriorated, and she was taken into secure psychiatric care under the 1983 Act. She had had two previous children by caesarian section, and … Continue reading In re AA: COP 23 Aug 2012
P, a 16 year old boy with learning difficulties faced charges. A psychologist said his IQ was so low (52) that P would not be able to understand or reply rationally to the charges. The justices decided that he was fit to plead; they had formed a view of him from watching him during the … Continue reading Regina (P) v Barking Magistrates Court: Admn 2002
The local authority sought a declaration as to its rights to control the daily activities of an eighteen year old, who was incapable of managing her own affairs but was not subject to mental health legislation. Held: There remained an inherent jurisdiction which the court could exercise through the doctrine of necessity. The subject was … Continue reading In Re F (Adult: Court’s Jurisdiction): CA 25 Jul 2000
The claimant appealed after her claim for sex discrimination had failed. She had been dismissed from her position an associate minister of the church. The court had found that it had no jurisdiction, saying that her appointment was not an employment. However the jurisdiction in sex discrimination cases was wider, extending to those who ‘contract … Continue reading Percy v Church of Scotland Board of National Mission: HL 15 Dec 2005
Where an employee gives an unequivocal and unambiguous notice of his resignation, then that can be accepted by an employer and there is no dismissal. Where the unambiguous words are said in a moment of anger or in the heat of the moment or where there is mental incapacity on the part of the employee … Continue reading Sothern v Frank Charlesly and Co: CA 1981
(Scotland) By the 2014 Act, the Scottish Parliament had provided that each child should have a named person to monitor that child’s needs, with information about him or her shared as necessary. The Institute objected that the imposed obligation to share information was outwith the powers of the Parliament. It extended the information to be … Continue reading The Christian Institute and Others v The Lord Advocate: SC 28 Jul 2016
The defendants, young boys, had set fire to paper and thrown the lit papers into a wheelie bin, expecting the fire to go out. In fact substantial damage was caused. The House was asked whether a conviction was proper under the section where the defendant had given no thought to a risk of damage, but … Continue reading Regina v G and R: HL 16 Oct 2003
Liability in Damages on Statute Breach to be Clear Damages were to be awarded against a Local Authority for breach of statutory duty in a care case only if the statute was clear that damages were capable of being awarded. in the ordinary case a breach of statutory duty does not, by itself, give rise … Continue reading X (Minors) v Bedfordshire County Council; M (A Minor) and Another v Newham London Borough Council; Etc: HL 29 Jun 1995
Balance of Interests in peaceful enjoyment claim (Plenary Court) The claimants challenged orders expropriating their properties for redevelopment, and the banning of construction pending redevelopment. The orders remained in place for many years. Held: Article 1 comprises three distinct rules: the first rule, set out in the first sentence of the first paragraph, is general … Continue reading Sporrong and Lonnroth v Sweden: ECHR 23 Sep 1982
Ban on Prisoners talking to Journalists unlawful The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without undertakings from the journalists not to publish any element of the interview. … Continue reading Regina v Secretary of State for The Home Department Ex Parte Simms: HL 8 Jul 1999
The Court had declared unlawful as ultra vires terrorism related orders made against the several claimants. The court now considered how restrictions imposed by banks should be dealt with. Held: (Lord Hope dissenting as to the order required) The Court could not lend itself to a procedure that is designed to obfuscate the effect of … Continue reading HM Treasury v Ahmed and Others: SC 4 Feb 2010
The inspector issued a notice requiring production of certain documents. The respondents refused to produce them, saying that they were protected by legal professional privilege. Held: Legal professional privilege is a fundamental part of ensuring human rights as a right of privacy, and is recognised in European law (A M and S Europe Ltd). A … Continue reading Regina v Special Commissioner And Another, ex parte Morgan Grenfell and Co Ltd: HL 16 May 2002
Capacity for Litigation The claimant appealed against dismissal of his claims. He had earlier settled a claim for damages, but now sought to re-open it, and to claim in negligence against his former solicitors, saying that he had not had sufficient mental capacity at the time to accept the offer. Held: There is no definition … Continue reading Masterman-Lister v Brutton and Co, Jewell and Home Counties Dairies (No 1): CA 19 Dec 2002
The court considered the duties falling on a social worker applying for a patient to be admitted. Arden, Aikens Clarke LJJ [2014] EWCA Civ 362, 138 BMLR 66, (2014) 17 CCL Rep 264, [2014] 1 WLR 3665, [2014] WLR(D) 145, (2014) 138 BMLR 66 Bailii, WLRD European Convention on Human Rights 5, Mental Health Act … Continue reading TW v Enfield Borough Council: CA 27 Mar 2014
The tribunal considered the approach to be taken by the First-tier Tribunal (the FTT) and other decision makers under the Mental Health Act 1983 (the MHA) when treatment and authorisation of a deprivation of liberty of the relevant patient might be given under the Mental Capacity Act 1985. [2013] UKUT 365 (AAC) Bailii Mental Health … Continue reading AM v South London and Maudsley NHS Foundation and Another: UTAA 6 Aug 2013
From 4 April 2005 until 3 December 2012, English law provided for the imposition of sentences of imprisonment for public protection (‘IPP’). The Court addressed the practical and legal issues resulting from the new system. Held: The decision as to whether to impose an IPP senence and whether a prisoner was ready for release on … Continue reading Sturnham, Regina (on The Application of) v The Parole Board of England and Wales and Another (No 2): SC 3 Jul 2013
The prosecutor appealed a grant of a stay of a prosecution of the 13 year old defendant as an abuse of process. Reports had indicated that he was unfit to plead. The prosecution contended that, if the court thought P ought not to face trial by reason of his disability, it should proceed to decide … Continue reading Crown Prosecution Service v P; Director of Public Prosecutions v P: Admn 27 Apr 2007
The claimant had been near to completing a sentence for serious violence. He now challenged the way in which, as his sentenced approached completion, the defendant had sought an order transferring him to a secure mental hospital. He was served with an order as he left the prison. The court had said that there was … Continue reading TF, Regina (on the Application of) v Secretary of State for Justice: CA 18 Dec 2008
The appellants were teachers in Christian schools who said that the blanket ban on corporal punishment interfered with their religious freedom. They saw moderate physical discipline as an essential part of educating children in a Christian manner. Held: The appeal was dismissed. For Article 9 to be engaged (aside from certain other threshold conditions) the … Continue reading Regina v Secretary of State for Education and Employment and others ex parte Williamson and others: HL 24 Feb 2005
No ET Jurisdiction for Non-employment claim The claimant appealed against rejection of her claim for discrimination which she had brought in the Employment Tribunal rather than the County Court. Held: The appeal failed: ‘if a body is a governing body of a university this displaces its status as a qualification body. It follows that the … Continue reading Nwabueze v University of Law Ltd and Others: CA 13 Nov 2020
The House was asked as to the standard of proof required to establish that adultery had been condoned under the subsection. Held: Lord Denning said: ‘In short it comes to this: so far as the grounds for divorce are concerned, the case, like any civil case, may be proved by a preponderance of probability, but … Continue reading Blyth v Blyth: HL 1966
The deceased had created a settlement in favour of his wife. He suffered serious injury and placed the damages in trust, but in a form which created an unnecessary liability to Inheritance Tax on his death. The wife’s mental health act receiver now sought the unravelling of the trust based on either Hastings Bass or … Continue reading Pitt and Another v Holt and Others: ChD 18 Jan 2010
Evidence allowed – Care Application after Abuse Children had made allegations of serious sexual abuse against their step-father. He was acquitted at trial, but the local authority went ahead with care proceedings. The parents appealed against a finding that a likely risk to the children had still been been found. Held: A care order could … Continue reading In re H and R (Minors) (Child Sexual Abuse: Standard of Proof): HL 14 Dec 1995
Employment Tribunals to Provide Sufficient Reasons Tribunals, when giving their decisions, are required to do no more than to make clear their findings of fact and to answer any question of law raised. Bingham LJ said: ‘It has on a number of occasions been made plain that the decision of an Industrial Tribunal is not … Continue reading Meek v City of Birmingham District Council: CA 18 Feb 1987
The applicant was a male nurse at Broadmoor Special Hospital. He was on duty while patients were saying goodbye to visitors. He approached the detained patient telling him to ‘come on’ and allegedly punched him on the shoulder. The patient brought . .
Application for leave to appeal refusal of leave to bring request for judicial review as to decision on detention under section 3. . .
The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without . .
References: [2000] MHLR 183 Coram: Jackson J The claimant was detained iin a secure mental hospital. He complained of being held in seclusion for a long period, and as to the hospital’s policy. Held: The hospital’s policy, by reducing the frequency of review of a patient’s seclusion below that provided for in the Code of … Continue reading Regina v Ashworth Special Hospital Trust, ex parte Munjaz; 10 Oct 2000