The Commission had power to hear a complaint about treatment since the power to detain also carried the power to treat, and a complaint about one part carried a power to complain about the rest. . .
The duty of a local authority to seek to provide resources to care for a mental patient after release into the community, is not absolute, and is subject to the limitations of the availability of a sufficient budget. A continued detention in . .
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Mental health – ‘This case raises one issue: is the nature of the risk posed by a patient detained under the Mental Health Act 1983 relevant to the appropriateness of treatment under section 72(1)(b)(iia) of that Act?’ . .
Claim for judicial review of a decision of the Secretary of State, issued in a letter , refusing to grant the claimant escorted community leave under section 17 of the Mental Health Act 1983. . .
Appeals against the imposition of a restriction order under section 41 of the Mental Health Act 1983 imposed in conjunction with a section 37 order under the same Act . .
This case concerns the question whether post-tariff life prisoners who have been transferred by the Secretary of State from prison to a mental health hospital under powers contained in sections 47 and 49 of the Mental Health Act 1983 [‘the 1983 . .
‘ This case concerns which local authority is responsible for meeting the accommodation costs of an individual detained under section 3 of the Mental Health Act 1983 who is then discharged back into the community.’ . .
Application for permission to appeal against orders made dismissing the applicant’s challenge to her detention pursuant to section 3 of the Mental Health Act 1983. Her case was that section 11(4) of that Act had not been complied with. . .
DLA, AA, MA: general
Notes: Payability – Mental Health Act 1983 is an enactment relating to persons under disability . .
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 . .
Dispute between two local authorities over who has responsibility under section 117 of the Mental Health Act 1983 (‘the Act’) for the aftercare of a person, originally made the subject of a hospital order with restrictions by an order of the Crown . .
Judgment on the claimant’s application for permission to apply for judicial review as to whether the defendant local authority is duty bound by virtue of the terms of section 117 of the Mental Health Act 1983, to provide the claimant, in his particular circumstances, with accommodation free-of-charge. Judges: Mostyn J Citations: [2013] EWHC 1637 (Admin) … Continue reading Afework, Regina (on The Application of) v London Borough of Camden: Admn 13 Jun 2013
The patient challenged the decision of her doctors to administer anti-psychotic medicine for the prevention or for the alleviation of her psychotic illness, to which she did not consent. Judges: Silber J Citations: [2002] EWHC 1911 (Admin) Links: Bailii Statutes: Mental Health Act 1983 Jurisdiction: England and Wales Citing: Cited – Handyside v The United … Continue reading N, Regina (On the Application of) v M and Others: Admn 24 Sep 2002
Local Authorities who found themselves obliged to provide care for former mental patients were not free to charge for the services. The section imposing the obligation could not be looked at as a gateway provision before services were provided under other statutory provisions. The references by other sections to services provided under this section made … Continue reading Regina v Richmond London Borough Council, Ex Parte Watson; Regina v Manchester City Council, Ex Parte Stennett; etc: CA 28 Sep 2000
The claimant had suffered mental illness and threatened to hurt himself. He was taken into hospital as a voluntary patient, but in effect detained compulsorily. He lacked capacity to consent to medical treatment. Held: The holding of a patient informally amounted to a detention, and that detention was unlawful. It made no difference whether the … Continue reading L v United Kingdom: ECHR 5 Oct 2004
Even where there is culpability, a hospital order with a restriction order may well be the appropriate way to deal with a dangerous and disordered person.Mustill LJ discussed the effect of a restriction order: ‘In marked contrast with the regime under an ordinary hospital order, is an order coupled with a restriction on discharge pursuant … Continue reading Regina v Birch: CACD 1989
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. Citations: Times 30-Mar-1993 Statutes: Mental Health Act 1959, Mental Health Act 1983 Jurisdiction: England and Wales Health Updated: 16 May … Continue reading Regina v Secretary of State for the Home Department, Ex Parte Didlick: QBD 30 Mar 1993
When a court wanted to consider making a restriction order under the Act, it could not do so without some medical evidence which could be used to justify such a restriction. Here it was accepted that the defendant did suffer from a mental disorder induced or exacerbated by the overuse of cannabis, and in appropriate … Continue reading Regina v Reynolds: CACD 1 Nov 2000
The fact that an alien was detained under the Mental Health Acts did not mean that he could not be ordered to be removed and returned to his own country. The power given to the Secretary of State was discretionary, and though the treatment he might receive was of a lower standard, it was not … Continue reading Regina v Secretary of State for the Home Department Ex Parte Xuereb: QBD 14 Jun 2000
‘This appeal against sentence demonstrates some of the practical differences between, and advantages and disadvantages of, a ‘hybrid order’ under section 45A of the Mental Health Act 1983 (‘MHA’) combining imprisonment with a hospital direction and limitation direction on the one hand, and a ‘hospital and restriction order’ under section 37 MHA with section 41 … Continue reading Nelson v Regina: CACD 2 Dec 2020
The applicant had been a discretionary life prisoner. His minimum period of detention had passed, but he continued to be detained under a transfer order for his treatment as mental health patient. Held: The absence of any means for him to challenge his continued detention infringed his rights. Had the Mental Health Review Tribunal decided … Continue reading Regina (D) v Secretary of State for the Home Department: QBD 19 Dec 2002
Whether hospital detention appropriate Citations: [2012] UKUT 486 (AAC) Links: Bailii Statutes: Mental Health Act 1983 2 Jurisdiction: England and Wales Health Updated: 12 May 2022; Ref: scu.656592
An asylum seeker had come to be detained under the Mental Health Act. The Home Secretary, having refused the asylum application, ordered him to be repatriated. Held: Though the Secretary of State could only exercise his powers of removal under section 86 of the MHA if it appeared to him to be in the patient’s … Continue reading Regina v Secretary of State for the Home Department, Ex parte X: CA 9 Jan 2001
Where a child, having attained sixteen, but with severe mental disability, sought to return home where the local authority feared she might be the victim of abuse, the proper approach was to seek wardship, where she might have separate representation. An application for the displacement of the father as the nearest relative was inappropriate, since … Continue reading In Re F (A Child): CA 13 Oct 1999
The applicant had entered the UK without leave, and then been detained for mental illness. The Secretary ordered him to be removed. He claimed that there was no power to remove him whilst the detention order was current, and that the order infringed his human rights. Held: The later Act had not revoked the earlier, … Continue reading Regina v Secretary of State for the Home Department ex parte X: CA 22 Feb 2001
Hughes LJ said that the detention for public protection regime and that under sections 37/41 of the 1983 Act have features in common. Under both, release is discretionary in the hands of the Secretary of State, effectively the Ministry of Justice. There is no absolute right to release. The test for the exercise of the … Continue reading Attorney-General’s Reference No 54 of 2011: CACD 2012
Citations: [2002] EWHC 2424 (Admin) Links: Bailii Statutes: Mental Health Act 1983 3 Jurisdiction: England and Wales Health Updated: 07 May 2022; Ref: scu.347815
The court was asked whether section 139 precluded a mental patient from applying for leave to move for judicial review. Held: A restriction on the bringing of civil or criminal proceedings imposed by the section 139 did not apply to proceedings for judicial review. Ackner LJ concluded that Parliament had not intended to bar the … Continue reading Ex parte Waldron: CA 1986
‘the homosexual partner of a patient within the meaning of section 145 of the Mental Health Act 1983 can be treated as a ‘relative’ within section 26(1) of the Mental Health Act 1983.’ Judges: Maurice Kay J Citations: [2002] EWHC 4000 (Admin) Links: Bailii Statutes: Mental Health Act 1983 26(1) 145 Jurisdiction: England and Wales … Continue reading SSG, Regina (On the Application of) v Liverpool City Council and Another: Admn 22 Oct 2002
The patient had been attending a course in the UK for her work. She suffered a further episode of a bipolar condition. Being pregnant she stopped taking her medication. Her mental condition deteriorated, and she was taken into secure psychiatric care under the 1983 Act. She had had two previous children by caesarian section, and … Continue reading In re AA: COP 23 Aug 2012
The claimant suffered psychiatric injury in a rail crash caused by the defendant’s negligence. Under this condition of Post-Traumatic Stress Disorder, the claimant had later gone on to kill another person, and he had been detained under section 41. He now sought damages for his loss of earnings through detention in prison and mental hospital. … Continue reading Gray v Thames Trains and Others: HL 17 Jun 2009
P, a 16 year old boy with learning difficulties faced charges. A psychologist said his IQ was so low (52) that P would not be able to understand or reply rationally to the charges. The justices decided that he was fit to plead; they had formed a view of him from watching him during the … Continue reading Regina (P) v Barking Magistrates Court: Admn 2002
Mrs F had given an enduring power to her son, but then became incapable and the power was registered. Her daughter had in the meantime applied to be appointed as her receiver. There was particular bitterness between the brother and sister. F called in the Lord Chancellor’s medical visitor and asked that her children settle … Continue reading In re F (Enduring power of Attorney): ChD 2 Apr 2004
The local authority sought a declaration as to its rights to control the daily activities of an eighteen year old, who was incapable of managing her own affairs but was not subject to mental health legislation. Held: There remained an inherent jurisdiction which the court could exercise through the doctrine of necessity. The subject was … Continue reading In Re F (Adult: Court’s Jurisdiction): CA 25 Jul 2000
The claimant’s daughter had committed suicide whilst on home leave from a hospital where she had stayed as a voluntary patient with depression. Her admission had followed a suicide attempt. The hospital admitted negligence but denied that it owed her a positive obligation to protect life under Article 2. Held: The claimants’ appeal succeeded. The … Continue reading Rabone and Another v Pennine Care NHS Foundation: SC 8 Feb 2012
Deprivation of Liberty P and Q were two adolescent sisters without capacity. They complained that the arrangements made for their care amounted to an unjustified deprivation of liberty, and now appealed against rejection of their cases. In the second case, P, an adult male, again without capacity, also complained as to the arrangements for his … Continue reading P (By His Litigation Friend The Official Solicitor) v Cheshire West and Chester Council and Another and similar: SC 19 Mar 2014
The defendant appealed his conviction of wounding with intent to do grievous bodily harm. He was made subject to a hospital order without limit of time under sections 37 and 41 of the Mental Health Act 1983. Judges: Lord Justice Latham (Vice President of the Court of Appeal Criminal Division) Mr Justice Royce Mr Justice … Continue reading Johnson, Regina v: CACD 9 Jul 2007
Insanity Plea not for D believing he had no choice The court was asked whether the defence of insanity would be available to a psychotic and deluded defendant who was aware that his act was wrong, but believed himself compelled to perform it. The defendant, with a history of mental problems, had attacked family in … Continue reading Keal, Regina v: CACD 18 Mar 2022
The court considered a discretionary life sentence combined with a hospital direction and a limitation direction made under s.45A of the Mental Health Act 1983 Citations: [2006] EWCA Crim 15 Links: Bailii Jurisdiction: England and Wales Criminal Sentencing Updated: 12 April 2022; Ref: scu.238138
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 … Continue reading Regina v Managers of South Western Hospital and Another, Ex Parte M: QBD 24 Mar 1993
A Mentall Health Act order restricting a patient’s discharge remains in force till the Home Secretary directs otherwise. Citations: Independent 09-Apr-1993 Statutes: Mental Health Act 1983 42-3 Health Updated: 10 April 2022; Ref: scu.87739
The deceased had made a will providing for her daughter and charities. She became ill, and lost capacity, and then her daughter died. Her son applied for a statutory will. This was ordered and prepared, but she died before the court could confirm that it could be sealed. The son applied for an order allowing … Continue reading In Re Hughes Deceased: ChD 8 Jan 1999
These proceedings raise points of principle in respect of the powers of NHS Foundation Trusts pursuant to the National Health Service Act 2006 (‘the 2006 Act’) regarding financial assistance to patients whilst they are detained pursuant to hospital orders made under the Mental Health Act 1983 (‘the 1983 Act’). In essence they raise a question … Continue reading Mitocariu and Another, Regina (on The Application of) v Central and North West London NHS Foundation Trust: Admn 31 Jan 2018
Appeal from hospital order Judges: Lord Justice Holroyde Mr Justice Picken Recorder of Manchester (His Honour Judge Dean QC) (Sitting as a Judge of the Cacd) Citations: [2021] EWCA Crim 2004 Links: Bailii Statutes: Mental Health Act 1983 37 Jurisdiction: England and Wales Criminal Sentencing Updated: 04 April 2022; Ref: scu.674621
The claimant had been compulsorily detained under the Act. He complained that the detention and compulsory medication infringed his rights, and amongst other things breached his religious beliefs. Held: This was an exceptional case requiring attendance of the doctors to allow the testing of their evidence. The administration of anti-psychotic medication to PS would not … Continue reading PS, Regina (on the Application of) v Responsible Medical Officer, Dr G and others: Admn 10 Oct 2003
Appeal by two public authorities against a refusal to strike out the claimant’s claim as an abuse of process. The principal point of law which arises for decision is whether (following O’Reilly v Mackman [1983] 2 AC 237) the claimant was entitled to proceed under Part 7 of the Civil Procedure Rules rather than by … Continue reading Richards v Worcestershire County Council and Another: CA 12 Dec 2017
Judges: Sir Mark Hedley Citations: [2020] EWCOP 39 Links: Bailii Statutes: Mental Health Act 1983 Jurisdiction: England and Wales Health, Human Rights Updated: 01 April 2022; Ref: scu.655036
The Court was asked whether a person who has been compulsorily detained in a hospital for mental disorder under section 3 of the 1983 Act and has then been released from detention but still requires ‘after-care services’ is entitled to require his local authority to provide such services at any time before he has exhausted … Continue reading Tinsley v Manchester City Council and Others: CA 1 Nov 2017
A section 37 order is not available to a court where a defendant has been found unfit to plead, with an additional finding fo fact that he had committed the act. That finding was not a finding of guilt. Citations: [2003] EWCA Crim 1625 Statutes: Mental Health Act 1983 37 Jurisdiction: England and Wales Cited … Continue reading Regina v Fairley: CACD 2003
Standing to Claim under A1P1 ECHR The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable harm for the purposes of an action of damages for personal injury. Held: The insurers’ appeals failed. … Continue reading AXA General Insurance Ltd and Others v Lord Advocate and Others: SC 12 Oct 2011
An EEA national does not cease to be a qualified person as a result of being detained in a hospital pursuant to an order of the court under the Mental Health Act 1983, having not been convicted of any criminal offence. Citations: [2012] UKUT 237 (IAC) Links: Bailii Jurisdiction: England and Wales Immigration Updated: 07 … Continue reading JO (Qualified Person – Hospital Order – Effect) Slovakia: UTIAC 13 Jul 2012
Judges: The Honourable Mr Justice Cobb Citations: [2019] EWHC 2306 (Fam) Links: Bailii Statutes: Mental Health Act 1983 117 Jurisdiction: England and Wales Health Updated: 06 February 2022; Ref: scu.648669
The claimant said that he as unlawfully detained in an Immigration Removal Centre pending removal from the United Kingdom and, once he was definitively declared unfit to fly, detained for an unreasonably long period of time before eventual transfer to a psychiatric unit. Judges: Green J Citations: [2017] EWHC 196 (Admin) Links: Bailii Statutes: Mental … Continue reading ASK v The Secretary of State for The Home Department: Admn 9 Feb 2017
Application for judicial review challenging the Secretary of State’s transfer direction given under section 47 of the Mental Health Act 1983 authorising removal of the claimant from prison to Rampton Hospital Judges: Mr Justice Burnett Citations: [2010] EWHC 1124 (Admin), [2010] ACD 71 Links: Bailii Statutes: Mental Health Act 1983 47 Jurisdiction: England and Wales … Continue reading SP, Regina (on The Application of) v Secretary of State for Justice: Admn 12 Feb 2010
Stephen Davies HHJ [2016] EWHC 2855 (Admin) Bailii Mental Health Act 1983 3 117 England and Wales Health Updated: 25 January 2022; Ref: scu.571052
Application for claim to be struck out. Newey J [2016] EWHC 1954 (Ch) Bailii Mental Health Act 1983 2 25A 117 England and Wales Citing: Cited – Mwanza, Regina (on The Application of) v London Borough of Greenwich and Another Admn 15-Jun-2010 The claimant had been discharged from inpatient treatment under the 1983 Act, and … Continue reading Richards v Worcestershire County Council and Another: ChD 28 Jul 2016
Application brought by the London Borough of Sutton for a care order under Part IV of the Children Act 1989. NH is also, as at the date of this hearing, under section pursuant to section 3 of the Mental Health Act 1983. MacDonal J [2016] EWHC 1371 (Fam) Bailii Children Act 1989, Mental Health Act … Continue reading London Borough of Sutton v MH (No 2): FD 10 Jun 2016
Claim by AK against the London Borough of Islington (Children Services Department) and the North Central London Clinical Commissioning Group alleging that the defendants failed to adequately assess and plan for her needs following her discharge from hospital pursuant to s.117 of the Mental Health Act 1983 His Honour Judge Lickley QC Sitting as a … Continue reading AK, (A Child), Regina (on The Application of) v The London Borough of Islington and Another: Admn 16 Feb 2021
Hickinbottom J [2015] EWHC 3712 (Admin) Bailii Mental Health Act 1983 2 3 England and Wales Health Updated: 08 January 2022; Ref: scu.557367
Mr Seal noisily objected to a neighbour blocking in his car. Police were called who took him into custody under the 1983 Act. He was released several days later, and eventually sought damages for his wrongful treatment. He had failed to first seek permission from the court as was required by s139(2). Held: The appeal … Continue reading Seal v Chief Constable of South Wales Police: CA 19 May 2005
The claimant had been convicted of the manslaughter of his mother, and sentenced to be detained for treatment in a mental health hospital. It was thought unlikely he would ever be fit to be released. He would otherwise have inherited under her will. He now sought disapplication of the rule under the 1982 Act. Held: … Continue reading Henderson v Wilcox and Others: ChD 3 Dec 2015
The application sought orders and declarations from the Court of Protection, depriving A of his liberty for the purposes of administering to him medical treatment which would address the problems which he suffered from. Mostyn J [2015] EWCOP 71 Bailii Mental Health Act 1983 3 Health, Agency Updated: 06 January 2022; Ref: scu.554594
A patient detained under the Mental Health Act 1983 (MHA) may be released from compulsory detention in hospital subject to a community treatment order. The question arising on this appeal is whether a patient’s responsible clinician (may impose conditions in a CTO which amount to the deprivation of his liberty within the meaning of article … Continue reading Welsh Ministers v PJ: SC 17 Dec 2018
Ban on Prisoners talking to Journalists unlawful The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without undertakings from the journalists not to publish any element of the interview. … Continue reading Regina v Secretary of State for The Home Department Ex Parte Simms: HL 8 Jul 1999
The Court had declared unlawful as ultra vires terrorism related orders made against the several claimants. The court now considered how restrictions imposed by banks should be dealt with. Held: (Lord Hope dissenting as to the order required) The Court could not lend itself to a procedure that is designed to obfuscate the effect of … Continue reading HM Treasury v Ahmed and Others: SC 4 Feb 2010
The applicant, a suspected Mafioso, had been detained in custody pending his trial. At the end of the maximum period of detention pending trial, he had been taken to an island where, he complained, he was unable to work, keep his family permanently with him, practise the Catholic religion or ensure his son’s education. Held: … Continue reading Guzzardi v Italy: ECHR 6 Nov 1980
Grand Chamber – The applicants complained that their restriction within a police cordon (a measure known as ‘kettling’) for up to seven hours during the course of a demonstration in central London amounted to a deprivation of their liberty in breach of Article 5-1 of the Convention. Held: Public order containment for several hours did … Continue reading Austin and Others v The United Kingdom: ECHR 15 Mar 2012
The inspector issued a notice requiring production of certain documents. The respondents refused to produce them, saying that they were protected by legal professional privilege. Held: Legal professional privilege is a fundamental part of ensuring human rights as a right of privacy, and is recognised in European law (A M and S Europe Ltd). A … Continue reading Regina v Special Commissioner And Another, ex parte Morgan Grenfell and Co Ltd: HL 16 May 2002
Movement retsriction was not Liberty Deprivation The claimants had been present during a demonstration policed by the respondent. They appealed against dismissal of their claims for false imprisonment having been prevented from leaving Oxford Circus for over seven hours. The claimants appealed against rejection of their claims on human rights law. Held: The appeal failed. … Continue reading Austin and Another v Commissioner of Police of the Metropolis: HL 28 Jan 2009
The Home Secretary may not later extend the tariff for a lifer, after it had been set by an earlier Home Secretary, merely to satisfy needs of retribution and deterrence: ‘A power conferred by Parliament in general terms is not to be taken to authorise the doing of acts by the donee of the power … Continue reading Regina v Secretary of State for the Home Department, Ex Parte Pierson: HL 24 Jul 1997
The court considered and rejected the possibility of the First Tier Tribunal making orders under the 2005 Act which would have the effect of depriving a patient of his liberty. The respondent, now aged 73, suffered a persistent delusional condition and was a ‘restricted patient’. Maurice Kay LJ VP, Arden, Moses LJJ [2011] EWCA Civ … Continue reading The Secretary of State for Justice v RB and Another: CA 20 Dec 2011
Mental Health : All – whether for the purposes of Article 5 a restricted patient who has the capacity to do so can give a valid consent to the terms of a conditional discharge that, when it is implemented, will on an objective assessment create a deprivation of the patient’s liberty. Held: there was power … Continue reading MM v WL Clinic and Another: UTAA 23 Nov 2015
Power of FTT to deprive patient of liberty Two patients who had been confined to a secure hospital, appealed against orders which would continue to restrict their liberty upon being conditionally released. The parties now disputed the jurisdiction of the FTT to make such an order. Held: The orders made by the UT were set … Continue reading The Secretary of State for Justice v MM: CA 29 Mar 2017
UTAA Mental Health : All [2014] UKUT 410 (AAC) Bailii Mental Health Act 1983 3 England and Wales Health Updated: 23 December 2021; Ref: scu.539054
The court had ordered the defendant, before his trial for a serious assault, to be remitted to a mental hospital under section 35 of the 1983 Act, so that a report could be prepared as to his mental condition. The central issue would be his capacity to form the necessary intent. The defendant appealed saying … Continue reading M, Regina (on The Application of) v Kingston Crown Court: Admn 17 Jul 2014
Capacity for Litigation The claimant appealed against dismissal of his claims. He had earlier settled a claim for damages, but now sought to re-open it, and to claim in negligence against his former solicitors, saying that he had not had sufficient mental capacity at the time to accept the offer. Held: There is no definition … Continue reading Masterman-Lister v Brutton and Co, Jewell and Home Counties Dairies (No 1): CA 19 Dec 2002
The court considered the duties falling on a social worker applying for a patient to be admitted. Arden, Aikens Clarke LJJ [2014] EWCA Civ 362, 138 BMLR 66, (2014) 17 CCL Rep 264, [2014] 1 WLR 3665, [2014] WLR(D) 145, (2014) 138 BMLR 66 Bailii, WLRD European Convention on Human Rights 5, Mental Health Act … Continue reading TW v Enfield Borough Council: CA 27 Mar 2014
The respondent had been detained after conviction for arson, under the 1983 Act, and was liable to indefinite detention in hospital for medical treatment and dischargeable only by the Appellant or the First Tier Tribunal, possibly only as a conditional release. He said that that was discriminatory. Held: (Lord Hughes dissenting) The appeal failed. The … Continue reading Secretary of State for Justice v MM: SC 28 Nov 2018
The court asked as to the criteria which should be applied when considering an application by a mental patient for leave to bring proceedings under section 139: ‘section 139 protects the defendant unless and until the applicant obtains leave. This in itself is an added protection of considerable value [over and above the ordinary strike … Continue reading Winch v Jones: CA 1986
The tribunal considered the approach to be taken by the First-tier Tribunal (the FTT) and other decision makers under the Mental Health Act 1983 (the MHA) when treatment and authorisation of a deprivation of liberty of the relevant patient might be given under the Mental Capacity Act 1985. [2013] UKUT 365 (AAC) Bailii Mental Health … Continue reading AM v South London and Maudsley NHS Foundation and Another: UTAA 6 Aug 2013
Transfer directions of discretionary life prisoners. Mr Justice Stanley Burnton [2002] EWHC 2805 (Admin), [2003] 1 WLR 1315 Bailii Criminal Justice Act 1991, Mental Health Act 1983 47 England and Wales Prisons Updated: 17 November 2021; Ref: scu.347817
That a mentally disturbed defendant may cause embarrassment by his behaviour in court was no reason for him not to be brought to court to be present when an order detaining him under the Act was to be made. The words of section 51(5) must be construed restrictively, and it was not to be applied … Continue reading Regina (Kenneally) v Snaresbrook Crown Court: Admn 27 Nov 2001
Consent to Sex Requires Capacity The prosecution appealed against the reversal of the defendant’s conviction for a sexual assault of a woman said to be unable to communicate her refusal to sex because of her mental disorder. Held: The appeal was allowed, and the conviction restored. The case law on capacity has for some time … Continue reading Regina v C: HL 30 Jul 2009
The prosecutor appealed a grant of a stay of a prosecution of the 13 year old defendant as an abuse of process. Reports had indicated that he was unfit to plead. The prosecution contended that, if the court thought P ought not to face trial by reason of his disability, it should proceed to decide … Continue reading Crown Prosecution Service v P; Director of Public Prosecutions v P: Admn 27 Apr 2007
The court was asked, whether asked to grant possession against a disabled tenant where the grounds for possession were mandatory. The defendant was a secure tenant with a history of psychiatric disability. He had set out to buy his flat, but the council sought possession when it discovered that he had sublet. Held: Section 23(3)(c) … Continue reading London Borough of Lewisham v Malcolm and Disability Rights Commission: CA 25 Jul 2007
C had been admitted to a secure hospital as a patient under Part III of the Mental Health Act 1983 because of his paranoid schizophrenia. He now sought an injunction to prevent the amputation of his gangrenous foot without his written consent. The patient’s persecutory delusions might have prevented him from weighing the information relevant … Continue reading Re C (Adult: Refusal of Treatment): FD 1994
The applicants were former mental patients who had been admitted to hospital compulsorily under section 3. On their release they were to be given support under section 117. The authorities sought to charge for these services, and appealed a decision that the services should be free. Held: Section 117 imposed a clear and free standing … Continue reading Regina v Manchester City Council, ex parte Stennett etc: HL 25 Jul 2002
The claimant had been near to completing a sentence for serious violence. He now challenged the way in which, as his sentenced approached completion, the defendant had sought an order transferring him to a secure mental hospital. He was served with an order as he left the prison. The court had said that there was … Continue reading TF, Regina (on the Application of) v Secretary of State for Justice: CA 18 Dec 2008
The defendant appealed from his conviction for murder. He said that he had not been fit to plead at the time of the trial. A medical report had said that whilst his responsibility was impaired, it had not been substantially so. The report warned of the need to verify his ability to stand trial nearer … Continue reading Moyle v Regina: CACD 18 Dec 2008
The deceased had committed suicide on escaping from a mental hospital. The Trust appealed against a refusal to strike out the claim that that they had been negligent in having inadequate security. Held: The Trust’s appeal failed. The fact that she was detained for her own protection rather than to protect others required different standards … Continue reading Savage v South Essex Partnership NHS Foundation Trust (MIND intervening): HL 10 Dec 2008
The claimant sought damages after being detained under the 1983 Act, and a declaration that the section used was incompatible with her human rights. Held: The test for allowing proceedings was set at a low level, and even if section 139 does have any effect on the Applicant’s rights under Article 6 read together with … Continue reading TW v London Borough of Enfield and Another: QBD 8 May 2013
The claimant had been found to have been wrongfully detained under section 3. He appealed against rejection of his claim for judicial review and for damages. The court found that his detention was lawful until declared otherwise. He argued that the restriction on compensation under the 1983 Act contravened the ECHR. Held: The detention was … Continue reading TTM v London Borough of Hackney and Others: CA 14 Jan 2011
The applicant had been ordered to be deported and returned to Angola, but at the same time he was a detained mental patient. He argued that a return would breach his Article 8 rights. Held: The respondent was entitled to decide to deport the appellant notwithstanding that he was still subject to orders under sections … Continue reading MJ (Angola) v Secretary of State for The Home Department: CA 20 May 2010
The claimant said that the medical member of the tribunal which had heard his disability claim was biased. The doctor was on a temporary contract and also worked for an agency which contracted directly the Benfits Agency. The court of session had considered tha a reasonable and well informed observer would not think there was … Continue reading Gillies v Secretary of State for Work and Pensions: HL 26 Jan 2006
The deceased had created a settlement in favour of his wife. He suffered serious injury and placed the damages in trust, but in a form which created an unnecessary liability to Inheritance Tax on his death. The wife’s mental health act receiver now sought the unravelling of the trust based on either Hastings Bass or … Continue reading Pitt and Another v Holt and Others: ChD 18 Jan 2010
Choice of mental Health Sentencing Options On conviction of manslaughter by reason of diminished responsibility, the judge imposed a hospital order and a restriction, without limit of time, under sections 37 and 41 of the Mental Health Act 1983. The AG appealed it as too lenient, suggesting imprisonment for life with a limitation restriction under … Continue reading Lall, Regina v: CACD 19 Mar 2021
The claimant had sought to bring proceedings against the respondent, but as a mental patient subject to the 1983 Act, had been obliged by the section first to obtain consent. The parties disputed whether the failure was a procedural or substantial failing and whether it made the proceedings a nullity. Held: The claimant’s appeal failed. … Continue reading Seal v Chief Constable of South Wales Police: HL 4 Jul 2007
The deceased had been detained as a mental patient and supported after her release, by her family financially. Her representatives now said that the respondent had failed in its obligation to provide support for no charge. The authority said that the case brought by way of judicial review was brought out of time. Held: The … Continue reading Stojak, Regina (on The Application of) v Sheffield City Council: Admn 22 Dec 2009
The court considered a procedural filter which prevented the bringing of a claim relating to the exercise of powers under the 1983 Act without the leave of the court.
Held: ‘The Court notes at the outset that the Applicant pursued his . .
