The court was asked ‘When a mental health review tribunal has ordered the discharge of a patient, is it lawful to readmit him under section 2 or section 3 of the [Mental Health Act 1983] where it cannot be demonstrated that there has been a relevant change of circumstances?’
Held: There was nothing to prevent the social worker applying again for the re-admission of a mental patient who had been discharged by a decision of the mental health tribunal, against the balance of medical opinion, and even though there had been no demonstrable change in the situation, provided only that the application was not made within a very few days of the tribunal’s decision. There was an implied exception to the general rule requiring a change in circumstances. The doctors and social workers exercised an independent professional judgement.
Judges:
Lord Phillips of Worth Matravers
Citations:
Gazette 12-Apr-2001, Times 28-Feb-2001, [2001] EWCA Civ 239, [2002] QB 235
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Appealed to – Regina v East London and the City Mental Health NHS Trust and Another ex parte Von Brandenburg (Aka Hanley) HL 13-Nov-2003
The patient was ordered to be discharged and released from hospital. The tribunal making the order had not accepted the medical recommendations. His release was deferred pending the finding of accommodation, but in the meantime, a social worker . .
Followed – Regina v Managers of South Western Hospital and Another, Ex Parte M QBD 24-Mar-1993
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 . .
Appeal from – Regina v Tower Hamlets Health Care NHS Trust and Snazell ex parte Von Brandenburg Admn 26-Jun-2000
. .
Cited by:
Appeal from – Regina v East London and the City Mental Health NHS Trust and Another ex parte Von Brandenburg (Aka Hanley) HL 13-Nov-2003
The patient was ordered to be discharged and released from hospital. The tribunal making the order had not accepted the medical recommendations. His release was deferred pending the finding of accommodation, but in the meantime, a social worker . .
Appealed to – Regina v Tower Hamlets Health Care NHS Trust and Snazell ex parte Von Brandenburg Admn 26-Jun-2000
. .
Cited – Regina (DJ) v Mental Health Review Tribunal; Regina (AN) v Mental Health Review Tribunal (Northern Region) Admn 11-Apr-2005
Each applicant sought judicial review of the refusal of the tribunal to authorise their release from detention under the 1983 Act, saying that the Tribunal had accepted evidence to a lower standard of proof.
Held: Neither the criminal standard . .
Lists of cited by and citing cases may be incomplete.
Health, Human Rights
Updated: 31 May 2022; Ref: scu.147443