Ashingdane v Department of Health and Social Security: 1981

Mr Ashingdane was a Broadmoor patient who was deemed ready for transfer back into his local hospital, but was denied a bed there because the nurses’ trade union operated a ban on taking special hospital patients. He launched proceedings against the trade union branch secretaries, the Secretary of State and the area health authority.
Held: An action against the Department of Health and local Health Authority were struck out, the two parties having immunity from suit under section 141


[1981] CLY 175


Mental Health Act 1959 141


England and Wales

Cited by:

Appeal fromAshingdane v The United Kingdom ECHR 28-May-1985
The right of access to the courts is not absolute but may be subject to limitations. These are permitted by implication since the right of access ‘by its very nature calls for regulation by the State, regulation which may vary in time and place . .
CitedG v Scottish Ministers and Another SC 18-Dec-2013
The 2003 Act had been intended to make provision for those who had been in long term mental health carse, but would not need such continued are but were not either ready to survive without continuing support in the community. The claimant had been . .
Lists of cited by and citing cases may be incomplete.


Updated: 08 May 2022; Ref: scu.552439