The applicant had been a detained mental patient. He was granted a deferred order for his release. He challenged the delay of the respondent and his refusal to allow release under section 17 for overnight stays out of the hospital.
Held: The secretary of state had a duty to act with reasonable speed. The department had chosen in practice to rely upon section 43 to control a patients behaviour in this situation, but that was wrong, and the proper section to act under was section 17. The 1983 Act could be read so as not to deny the applicant’s human rights.
Judges:
Mr Justice Crane
Citations:
Times 05-Sep-2002
Statutes:
Jurisdiction:
England and Wales
Health, Human Rights
Updated: 13 July 2022; Ref: scu.174789
