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 detention was unlawful. He claims damages for false imprisonment or pursuant to the Human Rights Act 1998.
Judges:
Jackson, Patten LJJ, Sir Stanley Burnton
Citations:
[2014] EWCA Civ 553, [2014] EWCA Civ 514, [2015] QB 385, [2014] WLR(D) 183, (2014) 138 BMLR 44, [2015] 1 QB 385, [2015] 2 WLR 256, 138 BMLR 44
Links:
Statutes:
Human Rights Act 1998 8, Mental Health Act 1983 42(3)
Jurisdiction:
England and Wales
Citing:
Appeal from – 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. . .
Cited by:
Appeal from – Lee-Hirons v Secretary of State for Justice SC 27-Jul-2016
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 . .
Lists of cited by and citing cases may be incomplete.
Health, Human Rights
Updated: 05 June 2022; Ref: scu.525632
