The owners of private mental hospital sought to change the character of one of its wards. A patient sought leave to challenge that change by judicial review, arguing that the hospital served a public function.
Held: Although the contracting out of the Heath Authority’s functions might not always transfer its public obligations, such obligations might fall on a body such as the respondent in other ways. Here the Regulation imposed a direct statutory duty to provide adequate staff and treatment facilities, and the private hospital was the subject of specific statutory duties which underpinned its activities. The patients had been admitted by compulsion. The hospital exercised a public function in their care, and decisions about that care were susceptible to review.
Judges:
Mr Justice Keith
Citations:
Times 23-Apr-2002, [2002] EWHC 529 (Admin), [2002] 1 WLR 2610
Links:
Statutes:
Nursing Homes and Mental Nursing Homes Regulations 1984 (SI 1984 No 1578) 12(1), Registered Homes Act 1984, Mental Health Act 1983 3
Jurisdiction:
England and Wales
Cited by:
Cited – Scott v LGBT Foundation Ltd QBD 3-Mar-2020
Disclosure of risk of self harm made no claim
The claimant complained that the respondent support group had disclosed to his doctor that fact that they had assessed him as being at significant risk of suicide or other substantial self-harm, and that it was at that time unable to provide Mr . .
Lists of cited by and citing cases may be incomplete.
Judicial Review, Human Rights
Updated: 24 October 2022; Ref: scu.170069
