The claimant sought judicial review of her detention under section 2 of the 1983 Act.
Held: The request was rejected. The tribunal had been correct to treat the original application as out of time. The Secretary of State’s decision was neither unreasonable nor in breach of her rights under the Convention, and an isolated failure by the trust did not give rise to a breach of article 5(4).
Judges:
Edwards-Stuart J
Citations:
[2011] EWHC 417 (Admin)
Links:
Statutes:
Mental Health Act 1983 2, European Convention on Human Rights 5(4)
Cited by:
Appeal From – Modaresi, Regina (on The Application of) v Secretary of State for Health and Others CA 23-Nov-2011
The appellant had been detained under the 1983 Act. Her appeal had been declined as out of time, and she now appealed against rejection of her request for judicial review.
Held: The appeal failed, even though the application to the tribunal . .
At first instance – Modaresi, Regina (on The Application of) v Secretary of State for Health SC 24-Jul-2013
The Court was asked: ‘As: (i) a public body with obligations in public law and (ii) a public authority under the Human Rights Act 1998 can the Secretary of State for Health ‘the S/S’ lawfully refuse to refer a patient’s case to the First-tier Mental . .
Lists of cited by and citing cases may be incomplete.
Health, Human Rights
Updated: 03 September 2022; Ref: scu.430285
