Regina v Ashworth Hospital Authority, Ex parte Munjaz (No 2): Admn 5 Jul 2002

The court dismissed the claimant’s complaint that the seclusion policies operated at Ashworth Special Hospital infringed his human rights. The Special Hospitals operated policies for seclusion which differed from the Code of Practice laid down under the Act.
Held: The claim was dismissed. Any seclusion had been of such a short duration as not to give rise to an infringement of the patient’s rights. A departure from the Code did not imply a necessary infringement, since the Code was for guidance only.
As to the alleged infringement of his article 3 and article 8 rights, the minimum level of severity required for Article 3 was not met and there was no breach of Article 8. It also found that the Code of Practice was merely guidance. The Court accepted evidence that the applicant had not remained in seclusion for longer than had been necessary, and that there was no evidence that more frequent reviews would have reduced the time spent in seclusion.
The applicant was detained at Ashworth secure mental hospital. He challenged the lawfulness of the policy implemented for secuded detentions.
Held: The Code fell within (1)(b) but not (1)(a).
Sullivan J
[2002] EWHC (Admin) 1521
Mental Health Act 1983 47 49, European Convention on Human Rights 3 8
England and Wales
See AlsoRegina v Ashworth Special Hospital Trust, ex parte Munjaz 10-Oct-2000
The claimant was detained iin a secure mental hospital. He complained of being held in seclusion for a long period, and as to the hospital’s policy.
Held: The hospital’s policy, by reducing the frequency of review of a patient’s seclusion . .

Cited by:
CitedS v Airedale National Health Service Trust QBD 22-Aug-2002
The patient had been detained, and then secluded within the mental hospital for 11 days. He claimed to have been subjected to inhuman treatment, and false imprisonment.
Held: His claim failed. The policy allowed the authority to confine him to . .
At First InstanceRegina v Ashworth Hospital Authority (Now Mersey Care National Health Service Trust) ex parte Munjaz HL 13-Oct-2005
The claimant was detained in a secure Mental Hospital. He complained at the seclusions policy applied by the hospital, saying that it departed from the Guidance issued for such policies by the Secretary of State under the Act.
Held: The House . .
Appeal fromMunjaz v Mersey Care National Health Service Trust And the Secretary of State for Health, the National Association for Mental Health (Mind) Respondent interested; CA 16-Jul-2003
The claimant was a mental patient under compulsory detention, and complained that he had been subjected to periods of seclusion.
Held: The appeal succeeded. The hospital had failed to follow the appropriate Code of Practice. The Code was not . .
2nd caseC Munjaz v United Kingdom ECHR 20-Mar-2008
The applicant complained of his seclusion whilst being detaned at a secure mental hospital.
Held: The court referred several questions back to the parties to be answered. . .
Second CaseMunjaz v The United Kingdom ECHR 17-Jul-2012
The applicant was detained in a secure mental hospital. He complained that he had been held in seclusion.
Held: The complaints under articles 5 and 8 were admissible, but there had been no violation of the applicant’s rights in these . .

These lists may be incomplete.
Updated: 17 February 2021; Ref: scu.182189