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Regina v Mental Health Review Tribunal for South Thames Region ex parte Anthony David Smith: Admn 4 Aug 1998

When assessing the release of a detained patient the tribunal must look at the ‘nature or degree’ of the illness disjunctively and not conjunctively. A person subject to a serious illness but without current symptoms might still be detained. Citations: Times 09-Dec-1998, [1998] EWHC Admin 832 Links: Bailii Statutes: Mental Health Act 1983 72(1)(b)(I) Health … Continue reading Regina v Mental Health Review Tribunal for South Thames Region ex parte Anthony David Smith: Admn 4 Aug 1998

Regina v Mental Health Act Commission ex parte Smith: Admn 11 May 1998

The Commission had power to hear a complaint about treatment since the power to detain also carried the power to treat, and a complaint about one part carried a power to complain about the rest. Citations: Times 18-May-1998, [1998] EWHC Admin 524 Links: Bailii Statutes: Mental Health Act 1983 120(b)(ii) Health, Jury Updated: 27 May … Continue reading Regina v Mental Health Act Commission ex parte Smith: Admn 11 May 1998

Regina (on the application of K) v Camden and Islington Health Authority: CA 21 Feb 2001

The duty of a local authority to seek to provide resources to care for a mental patient after release into the community, is not absolute, and is subject to the limitations of the availability of a sufficient budget. A continued detention in hospital of a patient because of the absence of such proper provision was … Continue reading Regina (on the application of K) v Camden and Islington Health Authority: CA 21 Feb 2001

Regina v Collins; Pathfinder Mental Health Services NHS Trust and St Georges Healthcare NHS Trust ex parte S: Admn 7 May 1998

The authority obtained an ex parte order allowing it to give treatment in the form of a medically assisted birth, to the claimant against her will. Citations: Times 08-May-1998, Gazette 03-Jun-1998, [1998] EWHC Admin 490 Links: Bailii Statutes: Mental Health Act 1983 2 Jurisdiction: England and Wales Citing: See Also – Regina v Collins; Pathfinder … Continue reading Regina v Collins; Pathfinder Mental Health Services NHS Trust and St Georges Healthcare NHS Trust ex parte S: Admn 7 May 1998

Regina v Bournewood Community and Mental Health NHS Trust, Ex parte L: CA 2 Dec 1997

The applicant was severely autistic, and unable to consent to medical treatment. He had been admitted voluntarly to a mental hospital and detained under common law powers. The Hospital trust appealed a finding that his detention had been unlawful. Held: He had in fact been detained: ‘We do not consider that the judge was correct … Continue reading Regina v Bournewood Community and Mental Health NHS Trust, Ex parte L: CA 2 Dec 1997

Regina v Ealing District Health Authority, ex parte Fox: 1993

A patient’s conditional discharge had been ordered by a tribunal. One of the conditions imposed by the tribunal was the appointment by the health authority of a responsible medical officer to provide psychiatric supervision of the patient in the community. The authority refused to make the appointment. Held: ‘I reject the submission that this duty … Continue reading Regina v Ealing District Health Authority, ex parte Fox: 1993

Clunis v Camden and Islington Health Authority: QBD 12 Dec 1996

The plaintiff brought proceedings against the defendant health authority for negligence and breach of duty of care on the ground that, if he had been properly treated, he would not have killed his victim and would not have been convicted of the offence of manslaughter. He alleged that the consequence of the defendant’s breach of … Continue reading Clunis v Camden and Islington Health Authority: QBD 12 Dec 1996

Regina (C) v London South and West Region Mental Health Review Tribunal: CA 2001

A standardised period before a hearing to review a patient’s detention that does not vary with the facts of each case may involve a breach of the Convention right. Citations: [2001] EWCA Civ 1110, [2002] 1 WLR 176 Statutes: European Convention on Human Rights, Mental Health Act 1983 Jurisdiction: England and Wales Cited by: Cited … Continue reading Regina (C) v London South and West Region Mental Health Review Tribunal: CA 2001

EC v Birmingham and Solihull Mental Health NHS Trust: UTAA 8 May 2013

Two patients were each subject to hospital orders and restriction orders under the Mental Health Act 1983. On a reference to the First-tier Tribunal, the first patient did not seek a discharge but instead sought an extra-statutory recommendation that he be granted leave outside the hospital. Before hearing any evidence, the First-tier Tribunal announced that … Continue reading EC v Birmingham and Solihull Mental Health NHS Trust: UTAA 8 May 2013

Regina v Collins; Pathfinder Mental Health Services NHS Trust and St George’s Health Care NHS Trust ex parte ‘S’: Admn 17 Mar 1997

The applicant sought to challenge a decision that she should be sterilised, and detained as a mental patient for this purpose. Judges: Popplewell J Citations: [1997] EWHC Admin 281 Statutes: Mental Health Act 1983 2, Supreme Court Act 1981 31(6) Jurisdiction: England and Wales Citing: See Also – Regina v Collins; Pathfinder Mental Health Services … Continue reading Regina v Collins; Pathfinder Mental Health Services NHS Trust and St George’s Health Care NHS Trust ex parte ‘S’: Admn 17 Mar 1997

In Re Barker; Regina v Bhb Community Healthcare NHS Trust and Another, Ex Parte Barker: CA 14 Oct 1998

A mental patient’s detention under s 3 should not be renewed under s 20 when she was absent from the hospital on home leave. Judicial review is to be preferred to habeas corpus as a means of seeking remedies in these situations. Citations: Times 14-Oct-1998 Statutes: Mental Health Act 1983 3, 20 Jurisdiction: England and … Continue reading In Re Barker; Regina v Bhb Community Healthcare NHS Trust and Another, Ex Parte Barker: CA 14 Oct 1998

Regina (C) v Mental Health Review Tribunal: CA 11 Jul 2001

When a person detained compulsorily applied for a review of his admission, it was unacceptable to list all such cases to be heard only after eight weeks. Whilst such cases might often require detailed assessment which would take some time after admission, and the consequences of a decision to confirm the detention were serious for … Continue reading Regina (C) v Mental Health Review Tribunal: CA 11 Jul 2001

Regina v Mental Health Tribunal for North East Thames Region, ex parte Secretary of State for the Home Department: CA 20 Feb 2001

The jurisdiction with respect to restricted patients of the Tribunal was to decide whether the Act allowed the patient to be discharged or re-classified. Questions about the transfer of patients to other less secure facilities were not part of the tribunals jurisdiction, and it could not adjourn for consideration of such an option. Citations: Times … Continue reading Regina v Mental Health Tribunal for North East Thames Region, ex parte Secretary of State for the Home Department: CA 20 Feb 2001

Regina v Anglia and Oxfordshire Mental Health Review Tribunal, Ex Parte Hagan: CA 21 Jan 2000

Where a patient was detained having been diagnosed as suffering from two mental health conditions justifying his detention, a finding that one condition was in remission but might return, but which could not at that time be used to justify his continued detention, did not oblige the tribunal to delete that condition as a basis … Continue reading Regina v Anglia and Oxfordshire Mental Health Review Tribunal, Ex Parte Hagan: CA 21 Jan 2000

Regina (C) v Mental Health Review Tribunal and Others: QBD 17 Jan 2005

C applied for judicial review of the refusal by the respondent to order his absolute discharge, and the continuation of the restriction order. He said the tribunal had taken account of earlier reporst referring to a psychopathic personality disorder, when the original restriction order had only referred to a mental illness. He also complained at … Continue reading Regina (C) v Mental Health Review Tribunal and Others: QBD 17 Jan 2005

Regina 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 allowed the Hospital’s appeal. The policy was lawful. Seclusion was to be seen as … Continue reading Regina v Ashworth Hospital Authority (Now Mersey Care National Health Service Trust) ex parte Munjaz: HL 13 Oct 2005

Henderson v Dorset Healthcare University NHS Foundation Trust: CA 3 Aug 2018

Upon the allegedly negligent release of the claimant from mental health care, she had, while in the midst of a serious psychotic episode, derived from the schizophrenia, killed her mother and been convicted of manslaughter. She now sought damages in negligence. The defendant relied upon a defence of illegality. Held: All the heads of claim … Continue reading Henderson v Dorset Healthcare University NHS Foundation Trust: CA 3 Aug 2018

Montgomery v Lanarkshire Health Board: SC 11 Mar 2015

Change in Doctors’ Information Obligations The pursuer claimed that her obstetrician had been negligent, after her son suffered severe injury at birth. The baby faced a birth with shoulder dystocia – the inability of the shoulders to pass through the pelvis. The consultant considered that a vaginal birth was preferable and did not given advice … Continue reading Montgomery v Lanarkshire Health Board: SC 11 Mar 2015

Regina (M) v Secretary of State for Health: QBD 16 Apr 2003

In the J T case the UK government had reached a friendly settlement under which it accepted that the United Kingdom law under sections 26 and 29 of the 1983 Act was an infringement of a patients human rights. It had been accepted that the legislation would need amendment, to allow a detainee exercising his … Continue reading Regina (M) v Secretary of State for Health: QBD 16 Apr 2003

Regina v Oxford Regional Mental Health Review Tribunal, Ex parte Secretary of State for the Home Department (Campbell’s Case): HL 1988

The House decided that section 73 of the 1983 Act provided a two-stage process in relation to a patient’s conditional discharge. The tribunal first decides that it will direct the discharge subject to conditions, but defers giving the direction so that arrangements may be made to enable the patient to comply with the conditions. The … Continue reading Regina v Oxford Regional Mental Health Review Tribunal, Ex parte Secretary of State for the Home Department (Campbell’s Case): HL 1988

Regina v Cannons Park Mental Health Review Tribunal, Ex Parte A: QBD 24 Aug 1993

It was unlawful to detain a psychopath for treatment where in fact his condition was untreatable. Citations: Times 24-Aug-1993, Independent 01-Sep-1993 Statutes: Mental Health Act 1983 3(2) Cited by: Appeal from – Regina v Cannons Park Mental Health Review Tribunal, Ex Parte A CA 2-Mar-1994 It was not unlawful for a patient to be detained … Continue reading Regina v Cannons Park Mental Health Review Tribunal, Ex Parte A: QBD 24 Aug 1993

Regina v London South West Region Mental Health Review Tribunal, Ex Parte Moyle: QBD 10 Feb 2000

An application for the discharge of a mental patient under section 72, was to be based on the same criteria as would found the original decision to authorise detention under section 3. The criteria would mirror each other save that the burden of proof was reversed. It was correct to take account of the possibility … Continue reading Regina v London South West Region Mental Health Review Tribunal, Ex Parte Moyle: QBD 10 Feb 2000

Djaba v West London Mental Health Trust and Another: CA 28 Jun 2017

The claimant appealed against rejection of his request for release from liability to be detained for medical treatment. Judges: Arden, McCombe, Sales LJJ Citations: [2017] EWCA Civ 436 Links: Bailii Statutes: Mental Health Act 1983, European Convention of Human Rights 5 8 Jurisdiction: England and Wales Health, Human Rights Updated: 27 March 2022; Ref: scu.588320

JD v East Berkshire Community Health NHS Trust and others: HL 21 Apr 2005

Parents of children had falsely and negligently been accused of abusing their children. The children sought damages for negligence against the doctors or social workers who had made the statements supporting the actions taken. The House was asked if the suffering of psychiatric injury by the parent was a foreseeable result of making it and … Continue reading JD v East Berkshire Community Health NHS Trust and others: HL 21 Apr 2005

Re SG (adult mental patient: abortion): FD 1991

Her GP and a consultant gynaecologist had recommended a termination for a pregnant, severely mentally handicapped 26 year old woman. Following Re F, her father sought a formal declaration of the court was required before any termination. Held: Termination of a pregnancy was already closely regulated by statute which provided ‘fully adequate safeguards for doctors … Continue reading Re SG (adult mental patient: abortion): FD 1991

South Staffordshire and Shropshire Healthcare NHS Foundation Trust and Another v The Hospital Managers of St George’s Hospital and Another: Admn 20 May 2016

Application for judicial review of a decision by an independent panel (‘the Panel’) on 12 April 2016 to discharge the Interested Party, AU, from detention under the Mental Health Act 1983 Cranston J [2016] EWHC 1196 (Admin) Bailii Mental Health Act 1983 Health Updated: 16 January 2022; Ref: scu.564655

AN, Regina (on the Application of) v Mental Health Review Tribunal (Northern Region) and others: CA 21 Dec 2005

The appellant was detained under section 37 of the 1983 Act as a mental patient with a restriction under section 41. He sought his release. Held: The standard of proof in such applications remained the balance of probabilities, but that standard was flexible, and varied according to the seriousness of the allegation. The only misdirection … Continue reading AN, Regina (on the Application of) v Mental Health Review Tribunal (Northern Region) and others: CA 21 Dec 2005

K v Central and North West London Mental Health NHS Trust and Another: QBD 30 May 2008

The claimant appealed against an order striking out his claim in negligence. He had leaped from a window in a suicide attempt. The accommodation was provided by the defendant whilst caring for him under the 1983 Act. Held: The case should be allowed to go ahead. Though the common law tort of negligence is still … Continue reading K v Central and North West London Mental Health NHS Trust and Another: QBD 30 May 2008

L v Bournewood Community and Mental Health NHS Trust: Admn 9 Oct 1997

L was adult autistic. He had been admitted to mental hospital for fear of his self-harming behaviours, and detained informally. He complained that that detention was unlawful. Held: The continued detention of a mental health patient who is incapable of giving consent is unlawful in the absence of the hospital following the statutory procedures. Owen … Continue reading L v Bournewood Community and Mental Health NHS Trust: Admn 9 Oct 1997

Cornwall Council, Regina (on The Application of) v Secretary of State for Health and Somerset County Council: SC 8 Jul 2015

PH had severe physical and learning disabilities and was without speech, lacking capacity to decide for himself where to live. Since the age of four he received accommodation and support at public expense. Until his majority in December 2004, he was living with foster parents in South Gloucestershire. He then lived in two care homes … Continue reading Cornwall Council, Regina (on The Application of) v Secretary of State for Health and Somerset County Council: SC 8 Jul 2015

S 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 a locked room under supervision for the protection of others. The fact of seclusion did … Continue reading S v Airedale National Health Service Trust: QBD 22 Aug 2002

In re S-C (Mental Patient: Habeas Corpus): CA 22 Nov 1995

The Court of Appeal issued habeas corpus because the applicant was committed to a mental institution pursuant to an application which was made by somebody who lacked the statutory authority to make it. The right of personal freedom is fundamental. In the mental health context, if someone is to be taken out of the community … Continue reading In re S-C (Mental Patient: Habeas Corpus): CA 22 Nov 1995

Modaresi, Regina (on The Application of) v Secretary of State for Health: SC 24 Jul 2013

The Court was asked: ‘As: (i) a public body with obligations in public law and (ii) a public authority under the Human Rights Act 1998 can the Secretary of State for Health ‘the S/S’ lawfully refuse to refer a patient’s case to the First-tier Mental Health Review Tribunal ‘MHRT’ under section 67(1) of the Mental … Continue reading Modaresi, Regina (on The Application of) v Secretary of State for Health: SC 24 Jul 2013

Worcestershire County Council -v- Secretary of State for Health and Social Care: CA 22 Dec 2021

dispute about which of two local authorities should pay for care services, in this case after-care services pursuant to s.117(3) of the Mental Health Act 1983 Lord Justice Coulson, Lady Justice Carr, And, Lord Justice William Davis [2021] EWCA Civ 1957 Bailii, Judiciary England and Wales Health, Local Government Updated: 28 December 2021; Ref: scu.670716

NL v Hampshire County Council (Mental Health : All): UTAA 21 Oct 2014

UTAA This appeal provides the first chance for the Upper Tribunal to consider the application of the decision of the Supreme Court in Surrey County Council v P [2014] AC 896 to guardianship under the Mental Health Act 1983. [2014] UKUT 475 (AAC) Bailii Mental Health Act 1983 England and Wales Health Updated: 23 December … Continue reading NL v Hampshire County Council (Mental Health : All): UTAA 21 Oct 2014

In Re L (By His Next Friend GE); Regina v Bournewood Community and Mental Health NHS Trust, Ex Parte L: HL 25 Jun 1998

The applicant was an adult autistic, unable to consent to medical treatment. Treatment was provided at a day centre. He had been detained informally under the Act and against the wishes of his carers, but the Court of Appeal decided he should have been formally detained. Held: The appeal succeeded. His detention had not been … Continue reading In Re L (By His Next Friend GE); Regina v Bournewood Community and Mental Health NHS Trust, Ex Parte L: HL 25 Jun 1998

Axon, Regina (on the Application of) v Secretary of State for Health and Another: Admn 23 Jan 2006

A mother sought to challenge guidelines issued by the respondent which would allow doctors to protect the confidentiality of women under 16 who came to them for assistance even though the sexual activities they might engage in would be unlawful. Held: A person under 16 who was otherwise competent was entitled to seek medical assistance, … Continue reading Axon, Regina (on the Application of) v Secretary of State for Health and Another: Admn 23 Jan 2006

Cutts v Head and Another: CA 7 Dec 1983

There had been a trial of 35 days regarding rights of way over land, which had proved fruitless, and where some orders had been made without jurisdiction. The result had been inconclusive. The costs order was now appealed, the plaintiff complaining that the judge had failed to take into account an offer of settlement made … Continue reading Cutts v Head and Another: CA 7 Dec 1983

Khera v Secretary of State for The Home Department; Khawaja v Secretary of State for The Home Department: HL 10 Feb 1983

The appellant Khera’s father had obtained leave to settle in the UK. The appellant obtained leave to join him, but did not disclose that he had married. After his entry his wife in turn sought to join him. The appellant was detained as an illegal immigrant. Held: The term ‘illegal immigrant’ included anyone entering unlawfully. … Continue reading Khera v Secretary of State for The Home Department; Khawaja v Secretary of State for The Home Department: HL 10 Feb 1983

L, Regina (on The Application of) v West London Mental Health NHS Trust and Others: CA 29 Jan 2014

The court considered the narrow but important question in this appeal concerns the requirements of the common law principles of procedural fairness in cases where a convicted offender is detained under section 37 as mentally ill and is being considered for transfer from conditions of medium security to conditions of high security. Moses, Patten, Beatson … Continue reading L, Regina (on The Application of) v West London Mental Health NHS Trust and Others: CA 29 Jan 2014

Secretary of State for the Home Department, Regina (on the Application of) v Mental Health Review Tribunal: Admn 20 May 2002

The Court considered the meaning of ‘discharge’ from a mental health hospital. Elias J held that it meant ‘discharge from detention in hospital’, so that there could be a discharge on condition of residence in another hospital: but he also held that the crucial question was whether the conditions amounted to detention, which was not … Continue reading Secretary of State for the Home Department, Regina (on the Application of) v Mental Health Review Tribunal: Admn 20 May 2002

Secretary of State for the Home Department v Mental Health Review Tribunal for Mersey Regional Health Authority: Admn 1986

the interpretation of section 73(2) (and section 42(2)) may depend, in part at least, on what is meant by ‘discharge’. Held: Mann J said that it meant ‘discharge from hospital’, so that a condition could not be imposed that the patient reside in another hospital, even if not under conditions of detention. Mann J [1986] … Continue reading Secretary of State for the Home Department v Mental Health Review Tribunal for Mersey Regional Health Authority: Admn 1986

Regina (on the Application IH) v Nottinghamshire Healthcare NHS Trust and Others: Admn 5 Dec 2001

Whether the 1983 Act, and in particular its provisions governing the conditional discharge and deferral of conditional discharge of ‘restricted patients’, are compatible with Article 5 of the European Convention on Human Rights. [2001] EWHC Admin 1037 Bailii Mental Health Act 1983, European Convention on Human Rights England and Wales Citing: Appealed to – Regina … Continue reading Regina (on the Application IH) v Nottinghamshire Healthcare NHS Trust and Others: Admn 5 Dec 2001

Regina v Governor of Durham Prison, ex parte Hardial Singh: QBD 13 Dec 1983

Unlawful Detention pending Deportation An offender had been recommended for deportation following conviction. He had served his sentence and would otherwise have been released on parole. He had no passport and no valid travel documents. He complained that the length of time for which he had then been detained was too long and that the … Continue reading Regina v Governor of Durham Prison, ex parte Hardial Singh: QBD 13 Dec 1983

Clunis (By his Next Friend Prince) v Camden and Islington Health Authority: CA 5 Dec 1997

The plaintiff had killed someone and, as a result, been convicted of manslaughter and ordered to be detained in a secure hospital when subject to after-care under section 117 of the 1983 Act. He sought damages from the health authority on the basis that he would not have killed anyone but for negligence on the … Continue reading Clunis (By his Next Friend Prince) v Camden and Islington Health Authority: CA 5 Dec 1997

N, Regina (on the Application of) v Secretary of State for Health; Regina (E) v Nottinghamshire Healthcare NHS Trust: CA 24 Jul 2009

The claimants appealed against the imposition on them of smoking bans while they were compulsorily detained at Rampton Hospital. They said that other persons detained for example in prisons had been exempted fully. Held: The right or freedom to smoke does not engage article 8(1) of the Convention. The appeal failed: ‘We reject the argument … Continue reading N, Regina (on the Application of) v Secretary of State for Health; Regina (E) v Nottinghamshire Healthcare NHS Trust: CA 24 Jul 2009

Regina (H) v Ashworth Hospital Authority and Others, Regina (Ashworth Hospital Authority) v Mental Health Review Tribunal for West Midlands and North West Region and Others: CA 28 Jun 2002

The patient was detained under the Act. The Mental Health Tribunal decided he should be released. The hospital disagreed. The patient continued to reside to the Hospital voluntarily, but the hospital viewed the decision to release him as . .

BB v Cygnet Health Care: Admn 4 Mar 2008

Application for a Writ of Habeas Corpus ad Subjiciendum directed to the hospital managers of the defendant. The application relates to the detention of the claimant since 30 January 2008 at the Cygnet Wing Blackheath purportedly authorised under . .

Munjaz 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 . .