Where a patient lacks capacity, there is the power to provide him with whatever treatment or care is necessary in his own best interests. Medical treatment can be undertaken in an emergency even if, through a lack of capacity, no consent had been . .
The appellant, detained for assessment under section 2, was too disabled to make an application to the court on her own behalf. After a dispute between her mother and the medical officer over her treatment, an application was made to the county . .
A person who is liable to be detained in a hospital by virtue of an application or order under that Act may either be actually detained or given leave of absence. While on leave of absence it may well be that the patient’s disorder is not such that . .
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Mental health – ‘This case raises one issue: is the nature of the risk posed by a patient detained under the Mental Health Act 1983 relevant to the appropriateness of treatment under section 72(1)(b)(iia) of that Act?’ . .
Claim for judicial review of a decision of the Secretary of State, issued in a letter , refusing to grant the claimant escorted community leave under section 17 of the Mental Health Act 1983. . .
Citations: [1999] EWCA Civ 1689 Statutes: Mental Health Act 1983 29(1)(c) Jurisdiction: England and Wales Health Updated: 21 January 2023; Ref: scu.146604
Judges: Sir Mark Potter, P Citations: [2006] EWHC 1230 (Fam) Links: Bailii Statutes: Mental Health Act 1983 3 Jurisdiction: England and Wales Health Updated: 20 December 2022; Ref: scu.242308
The appellant pleaded guilty to manslaughter by reason of diminished responsibility and attempted murder. He was sentenced for manslaughter to imprisonment for public protection pursuant to section 225 of the 2003 Act with a minimum term of 6 years, less time spent on remand, and for attempted murder to a similar sentence with a minimum … Continue reading Cooper, Regina v: CACD 20 Sep 2010
The complainant requested information from the Chief Constable of Essex Police (‘Essex Police’) relating to employees training on mental health and Essex Police’s powers under the Mental Health Act 1983 (MHA). By the date of this notice Essex Police had not issued a substantive response to this request. The Commissioner’s decision is that Essex Police … Continue reading Chief Constable of Essex Police (Police and Criminal Justice): ICO 18 Nov 2021
Judges: Francis J Citations: [2019] EWCOP 24 Links: Bailii Statutes: Mental Health Act 1983 Jurisdiction: England and Wales Health Updated: 09 December 2022; Ref: scu.642845
Judges: Keehan J Citations: [2019] EWCOP 43 Links: Bailii Statutes: Mental Health Act 1983 Jurisdiction: England and Wales Health Updated: 09 December 2022; Ref: scu.642837
The claimant prisoner challenged an order for his remission from a secure mental hospital to prison Judges: Mr Rec Fordham QC Citations: [2013] EWHC 3613 (Admin) Links: Bailii Statutes: Mental Health Act 1983 50(1) Jurisdiction: England and Wales Prisons, Health Updated: 09 December 2022; Ref: scu.519980
The court considered the effect of an immigrant’s mental illness on the Home Secretary’s powers to refuse to grant him exceptional leave to enter or remain. Citations: [2000] EWCA Civ 3026 Links: Bailii Statutes: Immigration Act 1971, Mental Health Act 1983, Human Rights Act 1998 Jurisdiction: England and Wales Immigration, Health, Human Rights Updated: 09 … Continue reading X v Secretary of State for the Home Department: CA 7 Dec 2000
The claimant sought to unravel a settlement she had made as receiver for her late husband, saying that it had been made without consideration of its Inheritance Tax implications. The Revenue said that there was no operative mistake so as to allow the rule in Hastings-Bass to apply allowing the variation. Held: For the rule … Continue reading Pitt and Another v Holt and Another: ChD 18 Jan 2010
Judges: Holman J Citations: [2007] EWHC 1028 (Admin), (2007) 10 CCL Rep 464, [2007] 1 WLR 2239 Links: Bailii Statutes: European Convention on Human Rights 5, Mental Health Act 1983 75(1) Jurisdiction: England and Wales Human Rights, Health Updated: 07 December 2022; Ref: scu.252401
Citations: [2005] EWHC 1366 (Admin) Links: Bailii Statutes: Mental Health Act 1983 37 41 Jurisdiction: England and Wales Health Updated: 07 December 2022; Ref: scu.228313
The Court was asked: ‘Whether a person detained under a provision of the Mental Health Act is, as a matter of public policy or otherwise, prevented from paying for his own care/treatment?’ The claimant had fallen from an ambulance, suffering brain injury leading to his being held in hospital, and the anser to the question … Continue reading North Dorset NHS Primary Care Trust and Another v Coombs: CA 30 Apr 2013
Citations: [2000] EWHC 644 (Admin) Links: Bailii Statutes: Mental Health Act 1983 Jurisdiction: England and Wales Health Updated: 04 December 2022; Ref: scu.331011
Citations: [2000] EWHC 641 (Admin) Links: Bailii Statutes: Mental Health Act 1983 Jurisdiction: England and Wales Health Updated: 04 December 2022; Ref: scu.331010
Judges: Mrs Justice Lieven DBE Citations: [2021] EWCOP 44 Links: Bailii Statutes: Mental Capacity Act 2005 15 16, Mental Health Act 1983 29(3) Jurisdiction: England and Wales Health Updated: 04 December 2022; Ref: scu.668181
Appeals against the imposition of a restriction order under section 41 of the Mental Health Act 1983 imposed in conjunction with a section 37 order under the same Act Citations: [2000] EWCA Crim 3539 Links: Bailii Jurisdiction: England and Wales Criminal Sentencing Updated: 30 November 2022; Ref: scu.331143
The defendant appealed the decision of the district judge when adjourning his case for a second psychiatric report with a view to hispossible committal to hospital, saying that this would deprive him of his right to a trial. Held: In cases alleged insanity either at the time of the offence or at trial, the magistrates … Continue reading Singh, Regina (on the Application Of) v Stratford Magistrates Court: Admn 3 Jul 2007
Citations: [2008] EWCA Civ 176, [2009] 1 WLR 310, (2008) 101 BMLR 83, [2008] UKHRR 847 Links: Bailii Statutes: Mental Health Act 1983 Jurisdiction: England and Wales Health, Human Rights Updated: 27 November 2022; Ref: scu.266160
The applicant had been detained after a diagnosis of Bipolar Affective Disorder and convictions for rape. He had applied for discharge, but before the hearing the doctor had said he no longer opposed his release. After the hearing but before being released the detention was re-instated, and the patient again complained at proposals to treat … Continue reading B, Regina (on the Application Of) v SS (Responsible Medical Officer) and others: CA 26 Jan 2006
The deceased and the claimant lived together for about 10 years in an apparently stable and loving relationship. They had a son together. They also co-owned a house (by way of joint tenancy) in which they lived. In April 2013 the claimant was referred by his GP for a mental health assessment after describing feelings … Continue reading Chadwick v Collinson and Others: ChD 24 Sep 2014
Citations: [1998] EWCA Civ 1630 Statutes: Mental Health Act 1983 83 Jurisdiction: England and Wales Health Updated: 25 November 2022; Ref: scu.145109
After conviction of manslaughter with diminished responsibility, the defendant now argued that the imposition of an extended sentence of imprisonment with a hospital direction under section 45A was wrong in principle, contrary, as it was, to the unanimous view of the psychiatrists involved in his case that the appropriate sentence was a hospital order under … Continue reading Westwood, Regina v: CACD 6 May 2020
The claimant complained of his recall to hospital. He had in 1991 been foundf not guilty of murder by reason of his insanity, and had been detained in a secure hospital, but then released conditionally. He said the recall on medical grounds was improper where the condition now complained of was not that under which … Continue reading Regina on the Application of A l v Secretary of State for the Home Department: CA 20 Jan 2005
The issue that arises in this case concerns non-compliant incapacitated patients, that is those who are not willing to be admitted and do not have the capacity to consent to admission, to psychiatric hospitals pending the making of an application for their compulsory admission to hospital for assessment under section 2 Mental Health Act 1983 … Continue reading Sessay, Regina (on The Application of) v South London and Maudsley Nhs Foundation Trust and Another: QBD 13 Oct 2011
Appeal against the imposition of the restriction order Judges: Mr Justice Nelson Citations: [2002] EWCA Crim 1698 Links: Bailii Statutes: Mental Health Act 1983 37 41 Jurisdiction: England and Wales Criminal Sentencing Updated: 19 November 2022; Ref: scu.175256
The claimant sought leave to bring proceedings in respect of his detention under the 1983 Act. Judges: Eady J Citations: [2012] EWHC 1053 (QB) Links: Bailii Statutes: Mental Health Act 1983 139 Jurisdiction: England and Wales Health, Torts – Other Updated: 19 November 2022; Ref: scu.452977
Whether a detained mental patient could be obliged to receive treatment in the form of antipsychotic medication without his consent. Judges: Collins J Citations: [2005] EWHC 1668 (Admin) Links: Bailii Statutes: Mental Health Act 1983 63 58(1) Jurisdiction: England and Wales Citing: Cited – Regina (B) v Haddock Admn 20-May-2005 Judicial review of continued detention … Continue reading Taylor, Regina (on the Application of) v Haydn-Smith and Another: Admn 27 May 2005
Judges: Elias, Field JJ, Barry QC Citations: [2012] EWCA Crim 99 Links: Bailii Statutes: Mental Health Act 1983 41 Jurisdiction: England and Wales Criminal Sentencing Updated: 14 November 2022; Ref: scu.471584
Judges: Sir John Thomas, Moore-Bick, Rimer LJJ Citations: [2013] EWCA Civ 96 Links: Bailii Statutes: Mental Health Act 1983 Jurisdiction: England and Wales Health Updated: 14 November 2022; Ref: scu.471011
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. Held: There is no necessary breach of the requirement of a speedy hearing … Continue reading P, Regina (on the Application of) v Secretary of State for the Home Department: Admn 11 Dec 2003
Citations: [2002] EWHC 1618 (Admin), [2003] 1 WLR 330 Links: Bailii Statutes: Mental Health Act 1983 17 Jurisdiction: England and Wales Health Updated: 06 November 2022; Ref: scu.175138
The councils disputed which had a duty to provide care and assistance to a young woman with mental health difficulties. Judges: Loyd, Richards, Elias LJJ Citations: [2012] EWCA Civ 1232 Links: Bailii Statutes: Mental Health Act 1983 Jurisdiction: England and Wales Local Government Updated: 05 November 2022; Ref: scu.464756
The widow and personal representative of the chargor challenged the enforcement proceedings taken by the bank under a guarantee. The chargor had begun to suffer Alzheimers disease. She now sought leave toappeal saying that to enforce the guarantee, the bank should have applied to appointed receivers under the 1983 Act. Held: Leave to appeal was … Continue reading Calvert v Clydesdale Bank Plc and Others: CA 27 Jun 2012
The claimant sought damages for false imprisonment. The mental health tribunal had ordered his release, but the respondent had delayed that release. Held: False imprisonment is established on proof of imprisonment without lawful authority. An authority might commit both the tort of false imprisonment and infringe a patient’s human rights, but not all infringements of … Continue reading Regina (W) v Doncaster Metropolitan Borough Council: Admn 13 Feb 2003
The defendant firm of solicitors, acting as executors had sought to arrange matters to minimise Inheritance Tax. A deed of variation was put in place after approval by the court, but the CTO interpreted the deed differently. The executors believed the interpretation to be wrong and sought advantage from that interpretation on counsel’s advice. Negligence … Continue reading Jemma Trust Company Ltd v Kippax Beaumont Lewis (A Firm) and others: CA 11 Mar 2005
A discretionary life prisoner who had been transferred to a mental hospital is not automatically eligible for a certificate under the section. The right conferred on a discretionary life prisoner by section 34 of the 1991 Act did not extend to those who were also detained under the MHA by reason of transfer and restriction … Continue reading Regina v Secretary of State for Home Department ex parte H and Others, Regina v Same ex parte Hickey: CA 29 Jul 1994
A Local Authority may admit a minor in care to a mental hospital for assessment or treatment. Section 131 merely preserves or confirms the common law and previous law. Consent requires proof of conduct and a reasoning capacity. Judges: Lloyd LJ Citations: Ind Summary 12-Apr-1993, [1993] FLR 187 Statutes: Mental Health Act 1983 131 Jurisdiction: … Continue reading Regina v Kirklees Borough Council ex parte C (A Minor): CA 12 Apr 1993
The owners of private mental hospital sought to change the character of one of its wards. A patient sought leave to challenge that change by judicial review, arguing that the hospital served a public function. Held: Although the contracting out of the Heath Authority’s functions might not always transfer its public obligations, such obligations might … Continue reading Regina (A) v Partnerships in Care Ltd: QBD 11 Apr 2002
The applicant, detained under the section by the respondent, appealed refusal of a judicial review and a writ of habeas corpus. He had applied for a review of his detention. The review had been heard by a panel of three. Two judged in his favour. Held: The Act required a minimum of three votes in … Continue reading Regina on the Application of Tagoe-Thompson v the Hospital Managers of the Park Royal Centre: CA 12 Mar 2003
X suffered both severe anorexia and alcoholism. She had in the past been repeatedly and compulsorily admitted to hospital for treatment, but her doctors considered that whilst this might be life extending treatment it had proved ineffective and unethical. They sought a declaration that they may not be obliged to offer the treatment again. The … Continue reading A NHS Foundation Trust v Ms X (By Her Litigation Friend, The Official Solicitor): CoP 8 Oct 2014
Doctors are to take great care when considering making a recommendation of an order under sections 37 or 41. Citations: Ind Summary 17-Jul-1995 Statutes: Mental Health Act 1983 37 41 Jurisdiction: England and Wales Criminal Sentencing, Health Updated: 08 October 2022; Ref: scu.88328
Action for an account from patient’s receiver. Citations: [2005] EWHC 1274 (Ch) Links: Bailii Statutes: Mental Health Act 1983 Jurisdiction: England and Wales Health, Trusts Updated: 05 October 2022; Ref: scu.227095
The court considered issues arising from the sentencing of mentally ill offenders to indeterminate terms of imprisonment.As to the release provisions relating to those subject to an order under ss 37/41 and those made subject to a s 45A order, Hallett LJ said: ‘A level of misunderstanding of the guidance offered in Vowles appears to … Continue reading Edwards, Regina v: CACD 27 Mar 2018
The court considered appeals by prisoners subject to indeterminate sentences (either imprisonment for public protection (IPP) or a life sentence) passed between 1997 and 2008, where there had been medical evidence before the court suggesting the possibility of a hospital order, and ‘a major effect of the decision of a judge to impose an indeterminate … Continue reading Vowles and Others, Regina v: CACD 5 Feb 2015
The defendant appealed against a sentence of imprisonment for robberies. He had a history of mental illness and had been diagnosed schizophrenic. He applied to be made subject to an order under the Act, which would replace the sentence with a treatment order, and agreed to be made subject to an extended restriction order. Held: … Continue reading Regina v Atie: CACD 23 Apr 1998
The court was asked whether either, and if so which, of two local authorities have the duty under section 117 of the 1983 Act to provide after-care services on the release of SF aged 23 from compulsory detention for treatment under that Act. The applicant challenged a position statement of South Tyneside Council, suggesting that … Continue reading Sunderland City Council, Regina (on The Application of) v South Tyneside Council: Admn 15 Jul 2011
Appeal against sentence for making hoax bomb calls. A hospital order had been made under section 31, and she now appealed against the section 41 restriction order. Held: The hospital, in reality, is operating as a form of prison, because she is not making medical headway there, but it is not a particularly effective prison … Continue reading Regina v HP (Aka C): CACD 26 May 2010
Judicial review of continued detention of claimant under hospital order Judges: Collins J Citations: [2005] EWHC 921 (Admin) Links: Bailii Statutes: Mental Health Act 1983 37 41 Jurisdiction: England and Wales Cited by: Cited – Taylor, Regina (on the Application of) v Haydn-Smith and Another Admn 27-May-2005 Whether a detained mental patient could be obliged … Continue reading Regina (B) v Haddock: Admn 20 May 2005
A mental health review tribunal had recommended the conditional release of the applicant, a restricted patient in a high security hospital. A community social worker’s report was only later made available to the tribunal. Held: There was no need for the matter to go to the Secretary of State for him to order a fresh … Continue reading Regina (C) v Secretary of State for the Home Department: CA 15 May 2002
ECHR Article 14 Discrimination Alleged discrimination in entitlement to social security benefits of prisoners in psychiatric care compared to other persons detained for psychiatric treatment: inadmissible Facts – Under the relevant domestic legislation prisoners were not entitled to social security benefits while serving a prison sentence, including during any periods they were required to spend … Continue reading SS And Others v The United Kingdom (Dec): ECHR 21 Apr 2015
Appeal against refusal to lift a restriction order. Citations: [2010] UKUT 455 (AAC) Links: Bailii Statutes: Mental Health Act 1983 Health Updated: 07 September 2022; Ref: scu.433600
Citations: [2011] UKUT 143 (AAC), [2011] MHLR 159, [2011] AACR 42 Links: Bailii Statutes: Mental Health Act 1983 68(7) Jurisdiction: England and Wales Health Updated: 07 September 2022; Ref: scu.433525
The claimant complained of his proposed detention at Broadmoor. Judges: McGowan J Citations: [2015] EWHC 2296 (Admin) Links: Bailii Statutes: Mental Health Act 1983 37 Jurisdiction: England and Wales Health Updated: 03 September 2022; Ref: scu.550957
The claimant suffered severe brain injury in a crash. The parties sought guidance form the court as to his legal capacity. Held: The fact that a party may be particularly susceptible to exploitation was a relevant element when considering his capacity to act, though alone it would not usually be enough to find a lack … Continue reading Lindsay v Wood: QBD 16 Nov 2006
The applicant was a restricted mental patient. His conditional release had been ordered, but required a consultant psychiatrist to be found who would agree to supervise him. None such could be found, and his detention continued. After two years he contended that his continued detention infringed his human rights. Held: Campbell’s case required s73 to … Continue reading Regina (IH) v Secretary of State for the Home Department and Another: CA 15 May 2002
The defendant’s appeal against murder had succeeded, and a conviction for manslaughter substituted. The court now asked what should be his sentence. Held: The medical evidence showed that he suffered a mental illness and it is of a nature and degree making it appropriate that he be detained in hospital. The Court made a section … Continue reading Regina v Weekes: CACD 4 May 1999
The court was asked which local authority had responsibility to provide support to a patient on his discharge after a period of detention under section 3 of the 1983 Act. Judges: Carnwath, Rimer, Sullivan LJJ Citations: [2011] EWCA Civ 77, [2011] BLGR 536, [2011] MHLR 76, [2011] Med LR 181, [2011] PTSR 1623, (2011) 119 … Continue reading Hertfordshire County Council, Regina (on The Application of) v JM: CA 15 Feb 2011
The defendant was convicted of manslaughter with diminished responsibility. The court was now asked whether it was correct to order a discretionary life sentence or to impose a hospital order pursuant to section 37 of the 1983 Act, with a restriction requirement pursuant to section 41. It was accepted that if a hospital order coupled … Continue reading Welsh v Regina: CACD 1 Feb 2011
Appeal against refusal of order to remove restrictions imposed under the 1983 Act. Judges: Sedley, Moses, Sullivan LLJ Citations: [2010] EWCA Civ 1273 Links: Bailii Statutes: Mental Health Act 1983 7 Jurisdiction: England and Wales Health Updated: 26 August 2022; Ref: scu.425948
Referral by the Criminal Cases Review Commission – conviction on plea of attempted murder. Leave is sought to admit fresh evidence that at the time of the offence the appellant suffered Autism Spectrum Disorder (‘ASD’). On the basis of that evidence it is submitted that the appropriate sentence was, and is, a hospital order pursuant … Continue reading Cleland v Regina: CACD 16 Jul 2020
Prisoner in secure hospital – application for public hearig of request for discharge – refused Citations: [2010] UKUT 264 (AAC) Links: Bailii Statutes: Mental Health Act 1983, European Convention on Human Rights Jurisdiction: England and Wales Cited by: See Also – AH v West London MHT (J) UTAA 17-Feb-2011 Order for public hearing of detention … Continue reading AH v West London MHT: UTAA 29 Jul 2010
Judges: Ben J Citations: [2008] EWHC 1707 (Admin), [2008] MHLR 290 Links: Bailii Statutes: Mental Health Act 1983 37 41 Jurisdiction: England and Wales Health, Crime Updated: 22 August 2022; Ref: scu.277866
The claimant had been detained by the respondent under the Act. A trubunal had ordered his release subject to proper arrangements for his support in the community. In the absence of such arrangements being made, he complained at his continued detention. Held: The conditions were inextricably linked to the release, and though there was a … Continue reading W v Doncaster Metropolitan Borough Council: CA 6 May 2004
The claimant’s daughter had committed suicide after being given home leave on a secure ward by the respondent mental hospital. A claim in negligence had been settled, but the parents now appealed refusal of their claim that the hospital had failed in its article 2 duty to respect her right to life. Held: The decision … Continue reading Rabone and Another v Pennine Care NHS Trust: CA 21 Jun 2010
The claimant had been discharged from inpatient treatment under the 1983 Act, and now sought to oblige the respondent local authorities to provide the assistance he needed. Judges: Hickinbottom J Citations: [2010] EWHC 1462 (Admin), (2010) 13 CCL Rep 454, [2010] BLGR 868, [2010] ACD 86, [2011] PTSR 965 Links: Bailii Statutes: Mental Health Act … Continue reading Mwanza, Regina (on The Application of) v London Borough of Greenwich and Another: Admn 15 Jun 2010
The claimant had said that his detention under the 1983 Act was unlawful, and that the court should issue a writ of habeas corpus for his release. Having been released he sought damages on the basis that his human rights had been infringed. The admission had been made despite the claimant’s brother having notified the … Continue reading TTM v London Borough of Hackney and Others: Admn 11 Jun 2010
The patient had been released on licence from prison. He later refused treatment for mental illness and was detained under the 1983 Act, though still on licence. His probation obtained the revocation of his licence, and he was recalled. He did not know of the revocation of his licence, but absconded from the hospital and … Continue reading Regina (on the Application of ‘S’) v the Secretary of Statefor the Home Department: CA 4 Apr 2003
A jury had found, under section 4(5) of the 1964 Act as amended, that the defendant was unfit to plead. The court considered section 5 of the 1964 Act. Held: A judge of the Crown Court is obliged under the section to make a mandatory order containing restrictions on the liberty of the accused person … Continue reading Regina v Grant: CACD 22 Nov 2001
appeal against a restriction order Citations: [2000] EWCA Crim 17 Links: Bailii Statutes: Mental Health Act 1983 41 Jurisdiction: England and Wales Criminal Sentencing Updated: 15 August 2022; Ref: scu.158667
The applicants challenged the difference in the treatment for benefits after release from imprisonment of those transferred to a mental hospital after conviction (particularly post-tarriff lifers) and those detained after arrest but before trial. The changes were introduced by the 2005 Regulations. Held: The distinction real, but was justified. The question was not where the … Continue reading RD and PM, Regina (on The Application of) v Secretary of State for Work and Pensions: CA 27 Jan 2010
This case concerns the question whether post-tariff life prisoners who have been transferred by the Secretary of State from prison to a mental health hospital under powers contained in sections 47 and 49 of the Mental Health Act 1983 [‘the 1983 Act’] are entitled to Income Support whilst in such a hospital. It is common … Continue reading RD and Another, Regina (on the Application Of) v Secretary of State for Work and Pensions: Admn 31 Oct 2008
The claimant’s daughter had committed suicide whilst on home leave from a hospital where she had stayed as a voluntary patient with depression. Her admission had followed a suicide attempt. The hospital admitted negligence but denied that it owed her a positive obligation to protect life under Article 2. Held: The claimants’ appeal succeeded. The … Continue reading Rabone and Another v Pennine Care NHS Foundation: SC 8 Feb 2012
The proposed claimant sought leave under the 1983 Act to bring an action for assault and false imprisonment, and further a disapplication of the limitation period to allow a claim out of time. The defendant said that the proposed claimant had been found in a public place and had been to appear to be suffering … Continue reading Johnston v Chief Constable of Merseyside Police: QBD 20 Nov 2009
Compulsory administration of treatment to detained mental patient. The court considered, but left open, the relationship between the ‘convincingly shown’ standard of proof, and the decision of the House of Lords in In re H as to the civil standard of proof in English law. He proceeded on the basis of the ‘convincingly shown’ standard, … Continue reading B v Responsible Medical Officer, Broadmoor Hospital, Dr SS and others: Admn 8 Sep 2005
A secure hospital’s right to prevent a package or letter being sent out by a patient did not extend to allowing a restriction on publication or recovery of a book manuscript once it had already left the hospital. Judges: Poole J Citations: Times 15-Oct-1998 Statutes: Mental Health Act 1983 134 Jurisdiction: England and Wales Citing: … Continue reading Broadmoor Hospital Authority v Robinson: QBD 12 Oct 1998
Judges: Crane J Citations: [2002] EWHC 1770 (Admin) Links: Bailii Statutes: Mental Health Act 1983 47 Jurisdiction: England and Wales Health, Prisons Updated: 30 July 2022; Ref: scu.347806
Application for judicial review of the decision of the district judge, sitting at Bath and Wansdyke Magistrates’ Court, not to order a fact-finding exercise rather than a trial. Citations: [2009] EWHC 759 (Admin), [2009] MHLR 71 Links: Bailii Statutes: Powers of Criminal Courts (Sentencing) Act 2000 11(1), Mental Health Act 1983 37(3) Jurisdiction: England and … Continue reading Blouet v Bath and Wansdyke Magistrates Court: Admn 12 Mar 2009
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 … Continue reading Regina v Ashworth Hospital Authority, Ex parte Munjaz (No 2): Admn 5 Jul 2002
The claimant challenged his detention under section 3 of the 1983. He suffered from paranoid schizophrenia. He said that the social worker had consulted his wife and not, as he said was correct, his mother. Held: Judges: Scott Baker J Citations: [2001] EWHC Admin 1025, [2001] 1 MHLR 187 Links: Bailii Statutes: Mental Health Act … Continue reading WC, Regina (On the Application of) v South London and Maudsley NHS Trust and Another: Admn 25 Oct 2001
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 had been unlawful because the social workers had failed to consult his father. Held: Burnett J said: ‘The duty to consult is one which exists to enable there to … Continue reading GD v Hospital Managers of the Edgware Community Hospital and Another: Admn 27 Jun 2008
The applicant complained that, as a mental patient, he was bound to obtain permision before beginning legal proceedings. Citations: 50330/07, [2009] ECHR 806 Links: Bailii Statutes: European Convention on Human Rights, Mental Health Act 1983 139(2) Cited by: See Also – Seal v United Kingdom ECHR 7-Dec-2010 The court considered a procedural filter which prevented … Continue reading Seal v United Kingdom: ECHR 18 May 2009
The House was asked whether a patient detained for treatment under the 1983 Act can be treated against his will for any mental disorder from which he is suffering or only for the particular form of mental disorder from which he is classified as suffering for the purpose of the order or application authorising his … Continue reading B, Regina (on the Application of) v Ashworth Hospital Authority: HL 17 Mar 2005
Judges: Hale LJ Citations: [2000] EWCA Civ 3028 Links: Bailii Statutes: Mental Health Act 1983 29 Jurisdiction: England and Wales Health Updated: 24 July 2022; Ref: scu.330955
Renewed application for leave to appeal after conviction on plea for common assault and sentence to a hospital order and restriction without time under section 41. Held: ‘the overall history that we have described and the balance of the psychiatric evidence did not justify making a restriction order in this case.’ The restriction was removed. … Continue reading MMK, Regina v: CACD 25 Nov 2002
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 below that provided for in the Code of Practice, was unlawful and was not justified … Continue reading Regina v Ashworth Special Hospital Trust, ex parte Munjaz: 10 Oct 2000
The deceased had made a will providing for her daughter and charities. She became ill, and lost capacity, and then her daughter died. Her son applied for a statutory will. This was ordered and prepared, but she died before the court could confirm that it could be sealed. The son applied for an order allowing … Continue reading In Re Hughes Deceased: ChD 8 Jan 1999
The defendant sought judicial review of a decision by the magistrates to proceed with criminal charges against him in his absence. He suffered confirmed depression. There were several adjournments. Held: ‘despite the unsatisfactory and indeed devious nature of the letter of 6th May, there were real grounds before the District Judge to indicate that the … Continue reading Johnson, Regina (on the Application of) v Director of Public Prosecutions: Admn 8 Dec 2005
The claimant, a detained mental patient said that his continued detention in a higher security unit was not required. Judges: Platts HHJ Citations: [2012] EWHC 521 (QB) Links: Bailii Statutes: Mental Health Act 1983 136 Jurisdiction: England and Wales Health Updated: 18 July 2022; Ref: scu.519779
The adult patient TB suffered both physical and mental delusional disabilities. The carers felt that community support and treatment having failed, only intensive residential reatment would help. She resisted this proposed detention. Held: The court considered its powers under the 1983 and the 2005 Act, and ‘if by operation of section 16A (2) (b) above … Continue reading W Primary Care Trust v TB and Others: Fd 17 Jul 2009
Citations: [1997] EWHC Admin 174 Statutes: Mental Health Act 1983 43 Jurisdiction: England and Wales Health Updated: 17 July 2022; Ref: scu.137119
The claimant was a victim of the Ladbroke Grove rail crash. He later committed and was convicted of a manslaughter and detained under the 1983 Act. He said that the accident had caused a major personality change. The defendant relied on the defence of ex turpi causa non oritur actio. Held: The claimant’s appeal succeeded. … Continue reading Gray v Thames Trains Ltd and Another: CA 25 Jun 2008
The court considered issues arising on the making of hospital orders by criminal courts: ‘ the intention of the section is that someone made the subject of a hospital order should take up a place at a hospital or other unit specified in the court order within 28 days of the order. The broad issue … Continue reading X v An NHS Trust: Admn 7 May 2008
The applicant had been a detained mental patient. He was granted a deferred order for his release. He challenged the delay of the respondent and his refusal to allow release under section 17 for overnight stays out of the hospital. Held: The secretary of state had a duty to act with reasonable speed. The department … Continue reading Regina (A) v Secretary of State for the Home Department: Admn 30 Jul 2002
The claimant said that the defendant hospital had been negligent in failing to prevent her daughter escaping from the mental hospital at which she was detained and committing suicide. Held: The status of a detained mental patient was more akin to that of a prisoner than of a patient because of the control exercised and … Continue reading Savage v South Essex Partnership NHS Foundation Trust and Another: CA 21 Dec 2007
