A hospital admitting a patient under the Mental Health Act has the power to search the patient. Each hospital’s policy, however, remains individually assessable for Wednesbury unreasonableness.
Times 05-Nov-1997, [1997] EWHC Admin 875
England and Wales
Cited by:
Appeal from – Regina v Broadmoor Special Hospital Authority and Secretary of State for Department of Health ex parte S, H and D (2) CA 5-Feb-1998
Persons detained under Mental Health Acts could be subject to random non-consensual searches even if this went against medical opinion. The power to seclude a patient within the hospital is implied from the power to detain as a ‘necessary ingredient . .
Lists of cited by and citing cases may be incomplete.
Health
Updated: 03 January 2022; Ref: scu.137820