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 TB is ineligible to be deprived of her liberty under this Act the only potential option for detaining her lawfully would be under the MHA 1983. But if I were to take that jurisdictional route she could not, for the reasons earlier adverted to, be detained at V.’
Judges:
Wood J
Citations:
[2009] EWHC 1737 (Fam)
Links:
Statutes:
Mental Capacity Act 2005 4A, Mental Health Act 1983
Jurisdiction:
England and Wales
Health
Updated: 18 July 2022; Ref: scu.349069