T and others v Mental Health Review Tribunal and G: Admn 22 Feb 2002

The applicant’s former partner, G, had been detained under the Act. She had obtained an injunction to keep him away, but whilst exercising staying contact with her child, he had killed his own parents, and was now detained. The tribunal had ordered his conditional release. She sought a copy of the decision, and now sought judicial review of the refusal to supply a copy. An order had been made that the tribunal should place a note of her views among the hearing papers, and one was sent, but was not so considered.
Held: The tribunal argued that the tribunal’s activities were patient centered, not victim centered. It had never exercised its discretion to publicise a decision to a third party. The claimant argued the tribunal as a creature of statute had no jurisdiction beyond its statutory powers. Although she had no reason to be told of some elements, it might be that she should know of a condition as to residence, but not other matters such as the assessment of the risk he now presented. The tribunal had a discretion which it had failed to exercise. It should reconsider the decision as to the making of information available to the claimant and in the express light of her letter.
The Honourable Mr Justice Scott Baker
[2002] EWHC 247 (Admin)
Mental Health Act 1983 37 41, Administration of Justice Act 1960 12, Mental Health Review Tribunal Rules 1983 (S.I 1983 No. 942) 21(5)
England and Wales
CitedPickering 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 . .
CitedRegina v Chief Constable of North Wales Police and Others Ex Parte Thorpe and Another; Regina v Chief Constable for North Wales Police Area and others ex parte AB and CB CA 18-Mar-1998
Public Identification of Pedophiles by Police
AB and CB had been released from prison after serving sentences for sexual assaults on children. They were thought still to be dangerous. They moved about the country to escape identification, and came to be staying on a campsite. The police sought . .

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Updated: 08 January 2021; Ref: scu.168038