swarb.co.uk - law index
These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.
Health - From: 1993 To: 1993
This page lists 15 cases, and was prepared on 27 May 2018.
Regina v Ealing District Health Authority, ex parte Fox [1993] 1 WLR 373
1993
Otton J
Health
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 (under section 117) only comes into existence when the applicant is discharged from Broadmoor. I consider a proper interpretation of this section to be that it is a continuing duty in respect of any patient who may be discharged and falls within section 117, although the duty to any particular patient is only triggered at the moment of discharge." The court declared "(1) that the authority has erred in law in not attempting with all reasonable expedition and diligence to make arrangements so as to enable the applicant to comply with the conditions imposed by the mental health review tribunal; (2) that a district health authority is under a duty under section 117 of the Mental Health Act 1983 to provide aftercare services when patient leaves hospital, and acts unlawfully in failing to seek to make practical arrangements for after-care prior to that patient's discharge from hospital where such arrangements are required by mental health review tribunal in order to enable the patient to be conditionally discharged from hospital."
Mental Health Act 1983 117
1 Citers
Re T (An Adult) (Consent to Medical Treatment); CA 1993 - [1993] Fam 95
Airedale NHS Trust v Bland; HL 4-Feb-1993 - [1993] AC 789; [1993] 2 WLR 316; [1993] UKHL 17; [1992] UKHL 5
Regina v Managers of South Western Hospital and Another, Ex Parte M Gazette, 24 March 1993; [1993] QB 683; [1994] 1 All ER 161; [1993] 3 WLR 376
24 Mar 1993
QBD
Laws J
Health, Torts - Other
The patient was detained on the application of an AMHP. In purported pursuance of section 11(4) the AMHP had consulted the patient's mother as her nearest relative. However, the patient's mother was not ordinarily resident in the UK, and, according to the statutory definition of "nearest relative", the AMHP ought to have consulted the patient's uncle. He was in fact consulted, but not in the capacity of nearest relative. Neither the patient's mother nor the patient's uncle objected to her admission. Held: The AMHP had unwittingly acted outside the Act. An application for the renewed detention of a patient under section 3 was proper despite a recent tribunal ruling that the patient should be released. The social worker had a duty under the Act to admit a patient in this way when the circumstances of the Act applied. The application should have been made by way of judicial review rather than under habeas corpus. 'there is no sense in which those concerned in a section 3 application are at any stage bound by an earlier tribunal decision.'
Mental Health Act 1983 2 3 4 6 11 13
1 Citers
Regina v Secretary of State for the Home Department, Ex Parte Didlick Times, 30 March 1993
30 Mar 1993
QBD
Health
A restriction did not expire simply by being allowed to elapse, but could only be brought to an end by a direction from the Home Secretary or by the patient being discharged from the hospital.
Mental Health Act 1959 - Mental Health Act 1983
Regina v Secretary of State for Home Department ex parte Didlick Independent, 09 April 1993
9 Apr 1993
QBD
Health
A Mentall Health Act order restricting a patient's discharge remains in force till the Home Secretary directs otherwise.
Mental Health Act 1983 42-3
Re O (A minor) (Medical Treatment); FD 12-Apr-1993 - Ind Summary, 12 April 1993; [1993] 2 FLR 149
Regina v Kirklees Borough Council ex parte C (A Minor); CA 12-Apr-1993 - Ind Summary, 12 April 1993; [1993] FLR 187
Camden London Borough Council v R (A Minor) (Blood Transfusion); in Re R (A Minor)(Blood Transfusion) Times, 08 June 1993; Independent, 09 June 1993; [1993] 2 FLR 757
8 Jun 1993
FD
Booth J
Children, Health
Child A's doctors considered that she would need treatment over the following two years and that this could involve the need for blood transfusions at any time. The parents were Jehovah's Witnesses and refused consent. Held: The order allowing a transfusion to be given was made. The child's need for blood was so overwhelming that, in her best interests, her parent's beliefs had to be overridden. An authority should obtain a specific issue order with regard to the use of blood products on a child.
Booth J discussed the issue of how such applications should be handled procedurally: "I am in complete agreement with the essential premise of the conclusions reached by Johnson J. Such issues are of the utmost gravity and are of particular anxiety since the decision of the court may run counter to the most profound and sincerely held beliefs of the parents. For these reasons the most strenuous efforts should always be made to achieve an inter partes hearing. Such issues should also be determined, wherever possible, by a High Court judge and this is of particular importance in those exceptional circumstances where an application must be made ex parte so that the parents cannot be heard. But in my judgment these prerequisites can be as well met by an application for a specific issue order under s 8 as by an application for the exercise of the court's inherent jurisdiction. A section 8 application can, and in circumstances such as these undoubtedly should, be made to the High Court. When leave to make it is sought by a local authority, or other appropriate body or person, the district judge, as in this case, can give all necessary directions for a speedy hearing. It will then be heard by a High Court judge. Although there is yet no reported decision as to whether or not a specific issue order can be made ex parte, I should be very surprised if the words of the statute had to be interpreted so narrowly as to deny the court power to give such relief where it was otherwise justified and the circumstances compelled an ex parte hearing. But if such an issue were to come before a judge of the Family Division who was constrained to find the court's jurisdiction to be so limited, the power to invoke the exercise of the inherent jurisdiction of the court would be immediately available and appropriate.
In the present case I am in no doubt that the application is well-founded under section 8 of the Act. The result which the local authority wishes to achieve, namely, the court's authorisation for the use of blood products, can clearly be achieved by the means of such an order. There is no need for the court otherwise to intervene to safeguard the little girl, so that I am satisfied that it is unnecessary and inappropriate for the court to exercise its inherent jurisdiction."
Children Act 1989 8
1 Cites
1 Citers
Regina v Secretary of State for Health, ex parte Gallaher and others (Judgment); ECJ 22-Jun-1993 - Times, 28 June 1993; C-11/92; [1993] EUECJ C-11/92
Practice Note (Official Solicitor: Sterilisation) Times, 22 June 1993
22 Jun 1993
FD
Litigation Practice, Children, Health
Practice Note by Official Solicitor setting out the procedure to be followed when considering the sterilisation of a Minor.
Regina v Cannons Park Mental Health Review Tribunal, Ex Parte A Times, 24 August 1993; Independent, 01 September 1993
24 Aug 1993
QBD
Health, Human Rights
It was unlawful to detain a psychopath for treatment where in fact his condition was untreatable.
Mental Health Act 1983 3(2)
1 Citers
Regina v Newcastle Upon Tyne City Council ex parte Dixon Times, 26 October 1993; Independent, 21 October 1993
21 Oct 1993
QBD
Health, Local Government
Council may impose additional clauses with economic requirements, on Registered Nursing Homes in contracts for care provision.
Birmingham Post and Mail Ltd v Birmingham City Council Times, 25 November 1993; Independent, 25 November 1993
12 Nov 1993
QBD
Health, Litigation Practice
The name of a person with a notifiable disease could be withheld pending an appeal, but any anonymity given by court to party must end when it would not be needed for the purposes of justice. The power to make an order under s.11 must be exercised carefully and cannot be used simply to protect privacy or avoid embarrassment An open ended order was inappropriate.
Public Health (Control of Diseases) Act 1984 37 - Contempt of Court Act 1981 11
1 Citers
Regina v Trent Regional Authority, ex parte Somaratne Times, 10 December 1993
10 Dec 1993
QBD
Health
Secretary of State for Health entitled to have regard to the fitness of doctor.
Mental Health Act 1993 12-2
