MH, Regina (on the Application of) v Secretary of State for the Department of Health: CA 3 Dec 2004

The patient had been detained under the Act and was incapable of making an application for her freedom.
Held: There was a duty on the state to ensure that mechanisms were made available to a patient to apply to review her continued detention where she was herself incompetent to make such an application. Having been originally detained, the patient’s detention had been extended, and application made to remove her mother as ‘nearest relative’ The result was to leave her with no effective way of exercising her rights.


Lord Justice Buxton Mr Justice Lindsay Lord Justice Wall


[2004] EWCA Civ 1690, Times 08-Dec-2004, [2004] EWCA Civ 1609, [2005] RPC 14, [2005] 1 WLR 1209


Bailii, Bailii


Mental Health Act 1983 29(4), European Convention on Human Rights 5


England and Wales


CitedRegina (N) v Dr M and Others CA 6-Dec-2002
The patient refused consent to treatment in the form of injection of drugs, which her psychiatrists considered to be necessary.
Held: Treatment of this nature infringed the patients rights, and was not to be ordered without clear reason. The . .
Lists of cited by and citing cases may be incomplete.

Health, Human Rights

Updated: 24 November 2022; Ref: scu.219919