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. But he remains liable to be detained, and may be recalled to hospital, unless and until the application or order authorising his detention lapses or he is discharged.
(1999) 47 BMLR 112, [1999] 1 FLR 106, [1998] EWCA Civ 1347, [1999] Lloyds Rep Med 101, (1999) 2 CCL Rep 5
Bailii
Mental Health Act 1983
England and Wales
Cited by:
CitedKhadir, Regina (on the Application of) v Secretary of State for the Home Department HL 16-Jun-2005
The applicant who had entered England hidden in a lorry, claimed asylum, and had his claim rejected. It was said that as an Iraqi Kurd, he would be safe in the Kurdish area of Iraq. No safe means had been found of ensuring his return over some four . .

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Updated: 08 May 2021; Ref: scu.144826