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 applied for his re-admission.
Held: The approved social worker could not apply in these circumstances unless he considered reasonably and in good faith that he knew of circumstances which were not before the tribunal, and which would put a different complexion on that decision. The common law respects and protects the personal freedom of the individual, which may not be curtailed save for a reason and in circumstances sanctioned by the law of the land, but law may properly provide for the compulsory detention in hospital of those who suffer from mental disorder if detention is judged to be necessary for the health or safety of the patient or the protection of others. A person compulsorily detained on mental health grounds should have the right to take proceedings by which the lawfulness of his detention may be decided by a court.
Judges:
Lord Bingham of Cornhill Lord Steyn Lord Hobhouse of Woodborough Lord Scott of Foscote Lord Rodger of Earlsferry
Citations:
[2003] UKHL 58, Times 14-Nov-2003, Gazette 05-Feb-2004, [2004] 2 AC 280, [2004] Lloyds Rep Med 228, (2004) 7 CCL Rep 121, [2004] 1 All ER 400, [2003] 3 WLR 1265, [2004] HRLR 6, (2004) 76 BMLR 168
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Appeal from – Regina (Count Franz Von Brandenburg (aka Hanley) ) v East London and The City Mental Health NHS Trust, Snazell, Approved Social worker CA 21-Feb-2001
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 . .
Mentioned – 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 . .
Cited – Pickering v Liverpool Daily Post and Echo Newspapers plc HL 1991
Damages were awarded for a breach of statutory duty where the claimant had suffered loss or damage by reason of the breach. The publication at issue went beyond reporting and ‘it reached deeply into the substance of the matter which the court had . .
Cited – Johnson v The United Kingdom ECHR 24-Oct-1997
Mr Johnson awaited trial for crimes of violence. He was diagnosed mentally ill, and on conviction made subject to a hospital order, and restricted without limit of time. He made progress, but was not discharged or re-classified. At a fourth tribunal . .
Cited by:
Appealed to – Regina (Count Franz Von Brandenburg (aka Hanley) ) v East London and The City Mental Health NHS Trust, Snazell, Approved Social worker CA 21-Feb-2001
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 . .
Cited – P, Regina (on the Application of) v Secretary of State for the Home Department Admn 11-Dec-2003
The applicant was a discretionary life prisoner compulsorily detained in a mental hospital. His tariff had now expired. If not detained under the 1983 Act he would now be entitled to a review. He argued that there should be a joint hearing.
Cited – Regina (on the application of C) v Secretary of State for Justice SC 27-Jan-2016
The applicant was a convicted murderer who had been held in a high security mental hospital. His application for unescorted leave had been refused, and he wished to challenge the decisions. Anonymity in the subsequent proceedings had been refused to . .
Lists of cited by and citing cases may be incomplete.
Health, Human Rights
Updated: 08 June 2022; Ref: scu.187758
