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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

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

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

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

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

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

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

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

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

Judges: Otton LJ Citations: [2000] 2 FLR 848 Jurisdiction: England and Wales Cited by: Cited – GD v Hospital Managers of the Edgware Community Hospital and Another Admn 27-Jun-2008 The claimant sought a writ of habeas corpus, by way of a challenge to his detention under section 3 of the 1983 Act, saying that it … Continue reading In Re D (Mental Patient: Habeas Corpus): Admn 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

Means of approval of settlements of PI awards to mental health patients. Citations: Gazette 08-Jun-1994 Statutes: Mental Health Act 1983 96(1)(d) Jurisdiction: England and Wales Health Updated: 05 May 2022; Ref: scu.84959

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

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

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

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

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

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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 . .

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 . .

The issue before the tribunal was whether the disorder, if established, had resulted in abnormally aggressive or seriously irresponsible conduct in the past and there was a real risk that, if treatment in hospital were discontinued, it would do so . .

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application for the issue of a writ of habeas corpus – detention after convictions . .

The authority wanted S to be admitted to hospital, if necessary against her will. She was pregnant and wanted to have a natural birth, even at great risk to herself and her baby. She had refused medical treatment for eclampsia. The caesarian had by . .

The patient had been detained under section 3. He applied to challenge his detention, but before the hearing, he was accepted on to a programme for supervision following his intended release the day before the hearing. His solicitors notified the . .

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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 . .

Application in relation to AB who is a young woman of 34 years old and who has a serious and life threatening cardiac condition, the recommended treatment for which is surgery. In addition to her physical problems, AB was an inpatient at a low . .

A patient having been convicted of manslaughter eventually applied for release. The authorities were concerned that he might have a spontaneous recurrence of his condition, but delayed preparation of a plan for his release. The Tribunal refused to . .