The pages below are initially ordered according to the dates on which they were added to the site (most recent first). The order can be changed by clicking on the symbol beside a column heading: click on the symbol beside "Page and summary" for alphabetical order; click beside "Categories" for the order in which the cases were reported. Click on the arrow symbol again to reverse the order. Click on a page name to view the relevant page.
| Page and summary | Date added to site | Categories |
| A v UK 25599/94 (1998) ECHR 85 — A had been beaten by his step-father more than once with a garden cane, treatment which, on the facts, reached the level of severity prohibited by Article 3; in English law reasonable chastisement is a defence to assault, and a jury acquitted the step-father on this basis; the UK had failed in its positive obligation to provide protection from breaches of Article 3.
| 2008-12-30 | 1998 cases, Brief summary, ECHR, Transcript |
| Gray v Thames Trains Ltd (2007) EWHC 1558 (QB) — The principle of ex turpa causa prevented the claimant from recovering damages after the commission of manslaughter.
| 2008-12-28 | 2007 cases, Brief summary, Miscellaneous, Transcript |
| Gray v Thames Trains Ltd (2008) EWCA Civ 713 — The principle of ex turpa causa did not prevent the claimant from recovering damages after the commission of manslaughter (appeal allowed)
| 2008-12-28 | 2008 cases, Brief summary, Miscellaneous, Transcript |
| R (F and Thompson) v SSHD (2008) EWHC 3170 (QB) — The indefinite nature of the notification requirements of Part 2 of the Sexual Offences Act 2003 (the Sex Offenders Register) is a disproportionate breach of Article 8: there is no opportunity for review in the case of young offenders; there is no entitlement to have determined the question of whether the notification requirement continues to serve a legitimate purpose.
| 2008-12-22 | 2008 cases, Brief summary, Criminal law, Transcript |
| R v Moyle (2008) EWCA Crim 3059 — Conviction for murder quashed and substituted with a conviction for manslaughter on the ground of diminished responsibility and restricted hospital order
| 2008-12-21 | 2008 cases, Brief summary, Criminal law, Transcript |
| R (TF) v SSJ (2008) EWCA Civ 1457 — (1) Having found that the transfer direction under s47 was unlawful the judge erred by exercising her discretion to refuse relief. (2) A decision to transfer a prisoner to hospital at the end of his sentence deprives him of his liberty and engages Article 5, thus heightening the scrutiny as to the evidence the MoJ and court must apply, and putting the onus on the MoJ to show that the decision maker focused on each of the criteria; applying this scrutiny it would have been very difficult for the MoJ decision maker to be satisfied that the two reporting doctors had applied their minds to treatability, and it appeared that the decision maker herself had not applied her mind to that question; the decision was therefore unlawful.
| 2008-12-18 | 2008 cases, Brief summary, Deprivation of liberty, Transcript |
| R (Cooke) v DPP (2008) EWHC 2703 (Admin) — It would be wrong to make an ASBO against a person who by reason of mental ill health would not have the capacity to understand or comply with the order; however, the fact that a person would be likely to breach an order because he suffers from a personality disorder is not, of itself, a good reason for not making the order.
| 2008-12-10 | 2008 cases, Brief summary, Criminal law, Transcript |
| Savage v South Essex Partnership NHS Foundation Trust (2008) UKHL 74 — Article 2 imposes, in addition to general obligations, a further "operational" obligation on health authorities and their hospital staff: if members of staff know or ought to know that a particular patient presents a real and immediate risk of suicide, they must do all that can reasonably be expected to prevent the patient from committing suicide.
| 2008-12-10 | 2008 cases, Brief summary, Miscellaneous, Transcript |
| St Helens Borough Council v Manchester PCT, re PE (2007) EWHC 2391 (Admin) — The decision of the funding panel that PE was not eligible for fully funded NHS care was not arguably flawed on public law grounds.
| 2008-12-08 | 2007 cases, Brief summary, Community care, Permission hearings, Transcript |
| R v Warwick (2008) NICC 42 — As the Mental Health (Northern Ireland) Order 1986 does not allow detention for personality disorder, the risks in this case could only be addressed by the imposition of a discretionary life sentence (which would be followed by a transfer to Carstairs).
| 2008-12-06 | 2008 cases, Brief summary, Criminal law, Northern Ireland, Transcript |
| AG's reference (no 127 of 2006) sub nom R v H (2007) EWCA Crim 53 — The 14-year-old offender, who had an Adjustment Disorder, committed a savage murder to avoid his intended homosexual abuse of the 11-year-old victim being exposed. The judge concluded that the aggravating and mitigating features of the case cancelled each other out, and that the minimum term would remain at the starting point (for under-18 offenders) of 12 years. A minimum term of 15 years was substituted, having been reduced from 18 years due to the guilty plea.
| 2008-11-29 | 2007 cases, Brief summary, Criminal law, Transcript |
| IH v UK 17111/04 (2005) — The delay following the deferred conditional discharge decision did not breach Article 5(1), since if no psychiatric supervision could be found then continued detention was the only option, Johnson v UK 22520/93 (1997) ECHR 88 distinguished; the House of Lords had been right in concluding that the Tribunal's inability to reconsider the case in light of the inability to achieve the conditions disclosed a breach of Article 5(4); however, since the domestic court had acknowledged the breach, IH was no longer a "victim" of a violation of Article 5(4); therefore no issues arose under Article 5(5) and, in any event, there is no absolute right to compensation, and the Lords' decision not to award damages was not arbitrary or unreasonable. The application was inadmissible.
| 2008-11-29 | 2005 cases, Brief summary, Deprivation of liberty, ECHR, Transcript |
| Morsink v The Netherlands 48865/99 (2004) ECHR 197 — Transfer from prison to a clinic was delayed for over 15 months; immediate transfer was not expected but, on the facts, the delay breached Article 5(1) and damages were awarded.
| 2008-11-28 | 2004 cases, Brief summary, Deprivation of liberty, ECHR, Transcript |
| Brand v The Netherlands 49902/99 (2004) ECHR 196 — Transfer from prison to a clinic was delayed for 14 months; immediate transfer was not expected but, on the facts, the delay breached Article 5(1) and damages were awarded.
| 2008-11-28 | 2004 cases, Brief summary, Deprivation of liberty, ECHR, Transcript |
| Edwards v UK 46477/99 (2002) ECHR 303 — Christopher Edwards was killed by a prison cellmate, Richard Linford; both suffered from schizophrenia. (1) The duty under Article 2 to protect life could extend to taking preventive operational measures to protect an individual against criminal acts of another, where the authorities knew (or ought to have known) of a real and immediate risk to the life of an identified individual. Information was available identifying Linford as posing such a risk. The failure to pass on this information, and the inadequate screening of Linford, amounted to a breach of Article 2. (2) No inquest was held, and the trial did not involve witness evidence. The private inquiry which was held (a) had no power to compel witnesses, and (b) was held in private, with the parents unable to participate to the extent necessary to safeguard their interests: Article 2 was breached in this respect. (3) There was no appropriate domestic means of determining whether the authorities failed to protect the right to ..→ | 2008-11-27 | 2002 cases, Brief summary, ECHR, Transcript |
| Rutten v The Netherlands 32605/96 (2001) ECHR 482 — The decision to renew the patient's confinement order was taken after the order had expired, but under domestic law there was nothing requiring release in these circumstances; under Convention law the detention was not arbitrary, being based on a court order and expert evidence, so there was no violation of Article 5(1); however, the lawfulness of detention was not decided speedily, so there was a violation of Article 4(4); this finding constituted just satisfaction.
| 2008-11-27 | 2001 cases, Brief summary, Deprivation of liberty, ECHR, Transcript |
| McGrady, Re Application for Judicial Review (2003) NIQB 15 — (1) The ability to disclose material to the representative on condition that it was not revealed to the patient was compatible with the Convention (obiter, since no decision had been taken on this yet). (2) The medical member's role is to form a provisional view on the patient's mental condition, rather than on the statutory criteria, and he discloses his conclusion during the hearing; if this approach is taken then there is no violation of Article 5(4), DN v Switzerland 27154/95 (2001) ECHR 235 distinguished.
| 2008-11-27 | 2003 cases, Bias, Brief summary, Miscellaneous, Transcript |
| DN v Switzerland 27154/95 (2001) ECHR 235 — The psychiatrist who sat as judge rapporteur on the Administrative Appeals Commission had, before the hearing, concluded that the patient should not be released; the patient had legitimate fears that the doctor had a preconceived opinion and was not acting impartially; this was reinforced because he was sole the psychiatric expert and the only person who had interviewed her; Article 5(4) having been breached, damages and costs were awarded
| 2008-11-27 | 2001 cases, Bias, Brief summary, ECHR, Transcript |
| RD v SSWP (2008) EWHC 2635 (Admin) — Post-tariff lifers who have been transferred to hospital are not entitled to receive Income Support.
| 2008-11-24 | 2008 cases, Brief summary, Miscellaneous, Transcript |
| R (RJM) v SSWP (2008) UKHL 63 — Social welfare payments come within the scope of Article 1 Protocol 1; homelessness is an "other status" under Article 14; depriving the homeless of disability premiums was justified; the Court of Appeal is free (but not obliged) to follow an ECtHR decision rather than a previous inconsistent CA decision, but must follow any previous House of Lords decision.
| 2008-11-23 | 2008 cases, Brief summary, Miscellaneous, Transcript |
| Renolde v France 5608/05 (2008) ECHR 1085 — The authorities failed to comply with their positive obligation to protect the detainee's right to life, in violation of Article 2, partly because they did not monitor his compliance with anti-psychotic medication. A penalty of 45 days' detention in a punishment cell breached Article 3 (inhuman and degrading treatment and punishment).
| 2008-11-06 | 2008 cases, Brief summary, ECHR, Transcript |
| R (M) v Homerton University Hospital NHS Trust (2008) EWCA Civ 197 — The patient, whose s2 had been extended during s29 displacement proceedings, was detained under s3 following an interim displacement order but before any final determination. Detention under s2 and s3 could run concurrently in these circumstances and it was not arguable that the s3 detention was unlawful. No permission to apply for judicial review.
| 2008-10-31 | 2008 cases, Brief summary, Displacement, Permission hearings, Transcript |
| MH v UK 11577/06 (2008) ECHR 181 — Statement of facts and question to the parties. The question to the parties is: "Do the facts of the case disclose a breach of Article 5 § 4 of the Convention: (a) in relation to the failure to provide an automatic referral to a court when a patient is detained under section 2 of the Mental Health Act 1983 and when that patient lacks the capacity to take proceedings; and (b) when that detention is prolonged under section 29(4) of the same Act?"
| 2008-10-31 | 2008 cases, Brief summary, Displacement, ECHR, Transcript |
| D'Souza v DPP (1992) UKHL 10 — Under s17(1)(d) PACE 1984 a constable may enter and search any premises for the purpose of recapturing a person who is unlawfully at large and whom he is pursuing: (1) a detained patient who absconds is "unlawfully at large"; (2) the pursuit must be almost contemporaneous with the entry into he premises.
| 2008-10-22 | 1992 cases, Brief summary, Miscellaneous, Transcript |
| Re SK (2007) EWHC 3289 (Fam) — Applications by mother in the course of proceedings concerning the best interests of a vulnerable adult, SK. Applications refused.
| 2008-10-06 | 2007 cases, Brief summary, Capacity, Transcript |
| A Local Authority v E (2007) EWHC 2396 (Fam) — Application by a local authority under the inherent jurisdiction of the court for directions as to the future of a vulnerable person who has been in care and has now reached 18.
| 2008-10-06 | 2007 cases, Brief summary, Capacity, Transcript |
| R v Paul Martin (1998) EWCA Crim 3166 — The power to make a restriction order applies in cases where the patient poses a risk of serious harm from which the public needs protection. This is not the seriousness of the risk that the public may suffer some harm, but that the risk that the potential harm represented by the individual defendant would be serious. There should normally be some proportionate relationship between the instant offence and the history of offending, together with an assessment of risk on the basis of medical examinations before a section 41 restriction order is made. Restriction order quashed.
| 2008-09-22 | 1998 cases, Brief summary, Criminal law, Transcript |
| R v Antoine (2000) UKHL 20 — "The issue which arises on this appeal is whether an accused person charged with murder is entitled to rely on the defence of diminished responsibility under section 2 of the Homicide Act 1957, when he has been found by a jury to be unfit to plead by reason of mental disability, and a jury proceeds under section 4A(2) of the Criminal Procedure (Insanity) Act 1964 (as substituted by section 2 of the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991) to determine whether he did the act charged against him as the offence."
| 2008-09-22 | 2000 cases, Brief summary, Criminal law, Transcript |
| London Borough of Ealing v KS (2008) EWHC 636 (Fam) — Applications by local authority seeking declarations that a vulnerable adult lacked capacity, among other things, to marry; consent to medical treatment; have sexual relations or decide her place of residence.
| 2008-09-21 | 2008 cases, Brief summary, Capacity, Transcript |
| R (Chavda) v London Borough of Harrow (2007) EWHC 3064 (Admin) — The decision of the Defendant to restrict adult care services to people with critical needs only was unlawful, since the decision-making process did not comply with the Defendant's Disability Equality Duty under s49A Disability Discrimination Act 1995.
| 2008-09-21 | 2007 cases, Brief summary, Community care, Transcript |
| GD v Hospital Managers of Edgware Community Hospital CO/5733/2008 — Habeas corpus - inadequate consultation of nearest relative prior to detention under section 3.
| 2008-09-16 | 2008 cases, Brief summary, Consulting NR, Transcript |
| M v Hospital Managers of Queen Mary's Hospital (2008) EWHC 1959 (Admin) — Habeas corpus - challenge to lawfulness of medical recommendation and ASW application.
| 2008-09-15 | 2008 cases, Brief summary, Miscellaneous, Transcript |
| BB v Cygnet Health Care (2008) EWHC 1259 (Admin) — Inadequate consultation with nearest relative.
| 2008-09-13 | 2008 cases, Brief summary, Consulting NR, Transcript |
| A Primary Care Trust v AH (2008) EWHC 1403 (Fam) — Reasons given for making an interim order under the Mental Capacity Act 2005 relating to a 22 year old adult male suffering from severe epilepsy.
| 2008-09-13 | 2008 cases, Brief summary, Capacity, Transcript |
| Graham v East London and City MH NHS Trust (2004) EWCA Civ 690 — No evidence of unlawful intent to deprive applicant of her liberty; application refused.
| 2008-09-13 | 2004 cases, Brief summary, Transcript, Unimportant cases |
| R (Kalibala) v MHRT (1996) EWHC Admin 201 — Application for leave to move for judicial review adjourned (applicant appeared in person; grounds appeared "scurrilous and vexatious")
| 2008-09-13 | 1996 cases, Brief summary, Transcript, Unimportant cases |
| R v Lomey (2004) EWCA Crim 3014 — CCRC appeal against life sentence; unable now to substitute with s37/41 as no bed and MI no longer of nature or degree; substitution with absolute discharge not justified.
| 2008-09-12 | 2004 cases, Brief summary, Criminal law, Transcript |
| R (T) v Nottinghamshire Healthcare NHS Trust (2006) EWHC 800 (Admin) — Unsuccessful challenge to s19 transfer from Rampton to Broadmoor.
| 2008-09-12 | 2006 cases, Brief summary, Miscellaneous, Transcript |
| R (X) v SSHD (2000) EWCA Civ 311 — Home Office can repatriate using either Immigration Act 1971 or Mental Health Act 1983.
| 2008-09-12 | 2000 cases, Brief summary, Deportation, Ministry of Justice, Transcript |
| R (SSHD) v MHRT, re Ogden (2004) EWHC 650 (Admin) — HO not notified of hearing so decision to discharge quashed.
| 2008-09-12 | 2004 cases, Brief summary, Other MHRT cases, Transcript |
| McGee, Re Judicial Review (2007) NICA 38 — The detention of the claimant under Article 7 of the Mental Health (NI) Order 1986 (similar to s5(2) MHA 1983) following a MHRT decision to discharge was lawful: (1) the authorities had formed the bona fide opinion that his mental state had since deteriorated; (2) Article 7 applied since the claimant had not divested himself of his in-patient status.
| 2008-02-23 | 2007 cases, Brief summary, Re-sectioning after hearing, Transcript |
| R v Francis (2008) NICA 6 — Both hospital orders to which the claimant was subject were quashed, on the basis that when sentenced he had not been suffering from severe mental impairment as defined in the Mental Health (Northern Ireland) Order 1986.
| 2008-02-23 | 2008 cases, Brief summary, Criminal law, Transcript |
| Mersey Care NHS Trust v Ackroyd (2007) EWCA Civ 101 — No public interest justification for disclosure of journalist's source
| 2008-02-23 | 2007 cases, Brief summary, Miscellaneous, Transcript |
| Re PS (An Adult) (2007) EWHC 623 (Fam) — Under inherent jurisdiction the court made orders that (1) PS could lawfully be prevented from leaving residential care unit (2) a receiver would be appointed without the need for a separate application to the Court of Protection.
| 2008-02-23 | 2007 cases, Brief summary, Capacity, Transcript |
| R v Ukpabio (2007) EWCA Crim 2108 — The Youth Justice and Criminal Evidence Act 1999 provide the complete statutory scheme for providing evidence via video link, and the court had no jurisdiction to direct that a defendant's evidence be given by video link (NB the 1999 Act has since been amended); however, in exceptional circumstances, it might be appropriate for a defendant to participate by video link, but this did not apply in this case and the refusal of video link facilities did not cause any prejudice; the restriction order was appropriate.
| 2008-02-22 | 2007 cases, Brief summary, Criminal law, Transcript |
| Decision of the Social Security Commissioner (2007) UKSSCSC CSS 239 2007 — Appeal against the removal of entitlement to Severe Disablement Allowance by Social Security (Hospital In-Patients) Regulations 2005 was unsuccessful
| 2008-02-22 | 2007 cases, Brief summary, Miscellaneous, Transcript |
| Decision of the Social Security Commissioner (2007) UKSSCSC CIS 3760 2006 — Refund of charges wrongfully made by social services authority for s117 residential after-care was not "arrears of income support", so was to be taken into acount as capital in determining the claimant's entitlement to benefit after the date of the payment; the claimant therefore lost her entitlement to income support.
| 2008-02-22 | 2007 cases, After-care, Brief summary, Transcript |
| R (Cawley) v Parole Board (2007) EWHC 2649 (Admin) — The portion of the delay in arranging a hearing which was attributable to the shortage of Parole Board members, a shortage not peculiar to this case, was unjustified under Article 5(4), but no order for damages would be made; the majority of the delay was the claimant's own fault.
| 2008-02-22 | 2007 cases, Brief summary, Prison law, Transcript |
| R v Simpson (2007) EWCA Crim 2666 — Discretionary life sentence with 6 year tariff quashed and substituted with s37/41 order.
| 2008-02-22 | 2007 cases, Brief summary, Criminal law, Transcript |
| Trust A v H (An Adult Patient) (2006) EWHC 1230 (Fam) — H lacked capacity to decide about medical treatment for her gynaecological condition; it was in her best interests to receive that treatment; appropriate sedation and restraint for pre- and post-operative treatment was lawful.
| 2008-02-22 | 2006 cases, Brief summary, Capacity, Transcript |
| R (B) v London Borough of Lambeth (2006) EWHC 2362 (Admin) — The council's decision to postpone an offer of re-housing until shortly before possession proceedings which it had instituted was putting off the inevitable and amounted to a breach of s117.
| 2008-02-22 | 2006 cases, After-care, Brief summary, Transcript |
| CPS v P (2007) EWHC 946 (Admin) — (1) The fact that a court of 'higher authority' has previously held that a person is unfit to plead does not make it an abuse of process to try that person for subsequent criminal acts. The issue of the child's ability to participate effectively must be decided afresh. (2) Where the court decides to proceed to decide whether the person did the acts alleged, the proceedings are not a criminal trial (3) The court may consider whether to proceed to decide the facts at any stage. It may decide to do so before hearing any evidence or it may stop the criminal procedure and switch to the fact-finding procedure at any stage (4) The DJ should not have stayed the proceedings at the outset as he did without considering the alternative of allowing the trial to proceed while keeping P's situation under constant review. (5) If the court proceeds with fact-finding only, the fact that the defendant does not or cannot take any part in the proceedings does not render them unfair or in any way ..→ | 2008-02-22 | 2007 cases, Brief summary, Criminal law, Transcript |
| Re MM (An Adult) (2007) EWHC 2003 (Fam) — Inherent jurisdiction case re vulnerable adult
| 2008-02-22 | 2007 cases, Brief summary, Capacity, Transcript |
| Michael Stone v South East Coast Strategic Health Authority (2006) EWHC 1668 (Admin) — The public interest required publication in full of the Michael Stone inquest report; the decision to publish was justified and proportionate, and did not constitute an unwarranted interference with Article 8; no breach of the DPA was involved.
| 2008-02-22 | 2006 cases, Brief summary, Miscellaneous, Transcript |
| R (Buckowicki) v Northamptonshire County Council (2007) EWHC 310 (Admin) — The judge's decision to impose a guardianship order is subordinate to the willingness of the local authority to accept the guardianship; the local authority has a wide discretion and were entitled to take the claimant's propensity to be violent and disruptive into account
| 2008-02-22 | 2007 cases, Brief summary, Criminal law, Transcript |
| R (Holloway) v Oxfordshire County Council (2007) EWHC 776 (Admin) — The without-notice interim displacement order under s29, and the subsequent detention under s3, were lawful: (1) neither the culpable failure of the council to inform the NR, nor the failure of the judge to enquire into this, deprived the court of jurisdiction; (2) the safeguards in the Act meant that the interim relief did not cause irreversible prejudice, thus Article 6 was not engaged; (3) (obiter) s6(3) would have provided the Trust with a defence to false imprisonment.
| 2008-02-22 | 2007 cases, Brief summary, Displacement, Transcript |
| R (Surat Singh) v Stratford Magistrates Court (2007) EWHC 1582 (Admin) — (1) The common law defence of insanity is available in the magistrates' court and prevents conviction (though does not necessarily lead to acquittal); (2) section 37(3) allows the magistrate, if satisfied that the accused did the act or made the omission charged, to abstain from convicting or acquitting or considering the issue of insanity, and instead to make a hospital or guardianship order.
| 2008-02-22 | 2007 cases, Brief summary, Criminal law, Transcript |
| R v Dean Johnston (2007) EWCA Crim 1978 — The M'Naghten Rules did not make the insanity defence available where the defendant knew his actions were legally wrong, even if he felt they were morally justified.
| 2008-02-22 | 2007 cases, Brief summary, Criminal law, Transcript |
| R (Juncal) v SSHD (2007) EWHC 3024 (Admin) — (1) The common law principle of legality meant that subordinate legislation could not impose arbitrary detention without the authorisation of the enabling act. However, the Order in Council conferring a mandatory hospital order on those unfit to stand trial (without any investigation of the facts of the alleged offence) did not impose arbitrary detention: on the facts, medical evidence had been considered, and, in general, the court could postpone consideration of fitness to stand trial until after the prosecution case if it was likely that there was no case to answer. (2) The detention occurred before the coming into force of the HRA 1998 so any ECHR claim would necessarily fail.
| 2008-02-22 | 2007 cases, Brief summary, Criminal law, Transcript |
| R v Chal (2007) EWCA Crim 2647 — Hearsay evidence admissible in s4A Criminal Procedure (Insanity) Act 1964 proceedings
| 2007-12-27 | 2007 cases, Brief summary, Criminal law, Transcript |
| Savage v South Essex Partnership NHS Foundation Trust (2007) EWCA Civ 1375 — Appeal allowed: it was not necessary to show gross negligence. "In order to establish a breach of article 2, on the assumed facts the appellant must show that at the material time the Trust knew or ought to have known of the existence of a real and immediate risk to the life of Mrs Savage from self-harm and that it failed to take measures within the scope of their powers which, judged reasonably, might have been expected to avoid that risk."
| 2007-12-27 | 2007 cases, Brief summary, Miscellaneous, Transcript |
| Savage v South Essex Partnership NHS Foundation Trust (2006) EWHC 3562 (QB) — For allegations of clinical negligence, the legal test applicable to a breach of Art 2, in respect of a patient detained under s3, is that of at least gross negligence of a kind sufficient to sustain a charge of manslaughter
| 2007-12-27 | 2006 cases, Brief summary, Miscellaneous, Transcript |
| Johnson v UK 22520/93 (1997) ECHR 88 — Finding that patient not longer suffering from mental illness did not require his immediate and unconditional discharge.
| 2007-09-16 | 1997 cases, Brief summary, Deferred conditional discharge, ECHR, Transcript |
| YL v Birmingham City Council (2007) UKHL 27 — A care home, when providing accommodation and care to a resident, pursuant to arrangements made with a local authority under ss21 and 26 of the National Assistance Act 1948, is not performing "functions of a public nature" for the purposes of s6(3)(b) of the Human Rights Act 1998 and is thus in that respect not a "public authority" obliged to act compatibly with Convention rights under section 6(1) of that Act. This is so even though the accommodation and care was arranged, and is being paid for, by the local authority.
| 2007-07-17 | 2007 cases, Brief summary, Community care, Transcript |
| R (N) v MHRT (2007) EWHC 1524 (Admin) — The Tribunal must ask (1) is the patient suffering from psychopathic disorder (see s1(2))? If yes, (2) is that finding based solely on the fact of sexual deviancy (see s1(3))? Behaviour exhibited when exhibiting sexual deviancy may in part be basis for diagnosis. In this case, there were also separate symptoms. The decision not to adjourn was lawful
| 2007-07-17 | 2007 cases, Brief summary, Transcript, Treatability test and psychopathic disorder |
| M v UK 30357/03 (2007) ECHR 206 — Case struck out of list, as friendly settlement reached to ensure MHA compliant with Article 8: MHA to be amended to allow patient to apply for displacement of NR on specified grounds.
| 2007-07-17 | 2007 cases, Brief summary, Displacement, ECHR, Transcript |
| R (MM) v SSHD (2007) EWCA Civ 687 — Home Secretary has to believe on reasonable grounds that something has happened, or information has emerged, of sufficient significance to justify recalling the patient, and must have up-to-date medical evidence, but there is no general test laid down by the court. (Appeal dismissed.)
| 2007-07-12 | 2007 cases, Brief summary, Ministry of Justice, Transcript |
| Winterwerp v Netherlands 6301/73 (1979) ECHR 4 — In the court’s opinion, except in emergency cases, the individual concerned should not be deprived of his liberty unless he has been reliably shown to be of ‘unsound mind’. The very nature of what has to be established before the competent national authority – this is, a true mental disorder – calls for objective medical expertise. Further, the mental disorder must be of a kind or degree warranting compulsory confinement. What is more, the validity of continued confinement depends upon the persistence of such a disorder.
| 2007-06-07 | 1979 cases, Brief summary, ECHR, Transcript |
| R (SH) v MHRT (2007) EWHC 884 (Admin) — Condition "that the patient shall comply with medication" was lawful.
| 2007-05-17 | 2007 cases, Brief summary, Discharge conditions, Transcript |
| R (SSG) v Liverpool City Council (2002) EWHC 2803 (Admin) — Gay partner can qualify as nearest relative under six-month residence provision in s26(6).
| 2007-02-18 | 2002 cases, Brief summary, Other NR cases, Transcript |
| Ward v Commissioner of Police for the Metropolis (2003) EWCA Civ 1152 — Implied power for magistrate to impose 'any condition which can sensibly relate to the execution of a warrant in a way which protects the interests of the person liable to be removed whilst furthering the object of the grant of the warrant'. The conditions were not followed so the removal and detention was unlawful.
Overturned by House of Lords: Ward v Commissioner of Police for the Metropolis (2005) UKHL 32
| 2007-02-07 | 2003 cases, Brief summary, Miscellaneous, Transcript |
| R (IH) v SSHD (2002) EWCA Civ 646 — A deferred conditional discharge is a provisional decision; the MHRT can reconvene to reconsider the case.
| 2007-02-07 | 2002 cases, Brief summary, Deferred conditional discharge, Transcript |
| R (IH) v SSHD (2003) UKHL 59 — A deferred conditional discharge is a provisional decision; the MHRT can reconvene to reconsider the case.
| 2007-02-07 | 2003 cases, Brief summary, Deferred conditional discharge, Transcript |
| R (A) v Partnerships in Care Ltd (2002) EWHC 529 (Admin) — The decision of the private psychiatric hospital to change the focus of a ward was a decision "in relation to the exercise of a public function" and so susceptible to JR; the managers were a public authority for HRA purposes. Permission granted.
| 2007-02-07 | 2002 cases, Brief summary, Miscellaneous, Permission hearings, Transcript |
| R (P) v MHRT East Midlands and North East Region (2002) EWCA Civ 260 — Permission to appeal granted on the basis that onus of proof had arguably been placed on the patient; permission to argue that the definition of psychopathic disorder requires the current commission by the patient of either abnormally aggressive conduct or seriously irresponsible conduct.
| 2007-02-07 | 2002 cases, Brief summary, Miscellaneous, Permission hearings, Transcript |
| R (P) v MHRT East Midlands and North East Region (2002) EWCA Civ 697 — Psychopathic disorder can persist for years without causing any abnormally aggressive or seriously irresponsible conduct; it is enough that the disorder of mind has done so in the past and that there is a real risk that, if treatment in hospital is discontinued, it will do so in the future.
| 2007-02-07 | 2002 cases, Brief summary, Transcript, Treatability test and psychopathic disorder |
| R (PG) v London Borough of Ealing (2002) EWHC 250 (Admin) — The Admin court, following the supercession of RSC Order 53 by CPR Part 54, still retains the power to receive oral evidence and order the cross-examination of witnesses on their witness statements and affidavits.
| 2007-02-07 | 2002 cases, Brief summary, Other NR cases, Transcript |
| Re Julie John (habeas corpus) (1998) EWHC Admin 472 — Challenge to the use of s2 in an apparent attempt to get round the requirement for consultation before s3. Application dismissed as judicial review was the appropriate form of proceedings.
| 2007-02-07 | 1998 cases, Brief summary, Consulting NR, Transcript |
| Re Briscoe (habeas corpus) (1998) EWHC Admin 771 — "The essence of consultation is the communication of a genuine invitation to give advice and genuine consideration of that advice." Merely informing the NR of s3 admission would not suffice for the purposes of s11(4).
| 2007-02-07 | 1998 cases, Brief summary, Consulting NR, Transcript |
| Ashingdane v UK 8225/78 (1985) ECHR 8 — Article 5 is concerned with deprivation of liberty rather than mere restriction on liberty (in this case the failure to transfer the patient from high to medium security).
| 2007-02-07 | 1985 cases, Brief summary, Deprivation of liberty, ECHR, Transcript |
| HL v UK 45508/99 (2004) ECHR 471 — 'Informal' compliant incapacitated patient was deprived of his liberty, with lack of procedural safeguards or access to court, in breach of Art 5(1) and (4).
| 2007-02-07 | 2004 cases, Brief summary, Deprivation of liberty, ECHR, Transcript |
| Hutchinson Reid v UK 50272/99 (2003) ECHR 94 — Treatability test not necessary for Article 5(1) compliance (re Scottish removal of this test); breaches of Article 5(4) due to onus being on patient and the delay for the case to come to the House of Lords.
| 2007-02-07 | 1998 cases, Brief summary, ECHR, Transcript, Treatability test and psychopathic disorder |
| R (Harry) v SSHD (1998) EWHC Admin 420 — Home Secretary not obliged to follow MHRT recommendations as to transfer of restricted patient to lower security; can look further afield for information and advice; but had to act in a procedurally fair manner, which he had not done
| 2007-02-06 | 1998 cases, Brief summary, Ministry of Justice, Transcript |
| R (C) v SSHD (2002) EWCA Civ 647 — HO could not exercise discretion to refer case under s71 after MHRT without good reason; evidence lacking at MHRT hearing was not good reason on the facts; following IH (CA) MHRT remains fully seised of case after a D/C/D; decision to refer quashed. (rough summary)
| 2007-02-06 | 2002 cases, Brief summary, Ministry of Justice, Transcript |
| R (Stewart) v Managers of the NW London MH NHS Trust (1997) EWCA Civ 2201 — Part II (civil) and Part III (criminal) powers can co-exist and operate independently of each other. "If he were discharged by the tribunal it would be a discharge in relation to his liability to detention under Section 3 which would in no way affect the Secretary of State’s powers to recall him as a restricted patient"
| 2007-02-06 | 1997 cases, Brief summary, Ministry of Justice, Transcript |
| R (MM) v SSHD (2006) EWHC 3056 (Admin) — "If, on the basis of medical evidence and other information which the Secretary of State has, he reasonably reaches the opinion that deterioration in the mental condition of the patient is likely to occur in the near future unless he is recalled to hospital, and that such deterioration would put the health and safety of the patient or others at risk, he is entitled to order recall."
| 2007-02-06 | 2006 cases, Brief summary, Ministry of Justice, Transcript |
| R (Wey) v Pathfinder NHS Trust (1999) EWHC Admin 672 — When the Tribunal has decided on classification, the RMO cannot subsequently reclassify unless there is some change in circumstance of a significant kind which would enable a tribunal to take a different view if the matter were referred to them again. The remedy to the doctor and to the Trust would instead be to apply for judicial review of the decision of the Tribunal
| 2007-02-06 | 1999 cases, Brief summary, Other classification cases, Re-sectioning after hearing, Transcript |
| R (Hagan) v Anglia and Oxfordshire MHRT (1998) EWHC Admin 1113 — Tribunal found that patient suffered from detainable PD but non-detainable MI; however, they refused to reclassify. Decision not to reclassify quashed, and the matter remitted to Tribunal with a direction that they reach the proper decision
| 2007-02-06 | 1998 cases, Brief summary, Other classification cases, Transcript |
| R (Mersey Care NHS Trust) v MHRT, re D (2003) EWHC 1182 (Admin) — Unsuccessful reasons challenge; RMO can represent Trust, as well as appear as witness, if he notifies MHRT at outset. (rough summary)
| 2007-02-06 | 2003 cases, Brief summary, Other MHRT cases, Reasons, Transcript |
| R (C) v MHRT London South and South West Region (2001) EWCA Civ 1110 — Policy of always listing s3 cases after uniform specified period unlawful
| 2007-02-06 | 2001 cases, Brief summary, Transcript, Tribunal delay |
| R (Warren) v MHRT London North and East Region (2002) EWHC Admin 811 — In the circumstances, the brief reasons were sufficient, and the error of law (that the patient was under s47/49 rather than notional s37) did not affect the outcome
| 2007-02-06 | 2002 cases, Brief summary, Reasons, Transcript |
| R (SSHD) v MHRT, re DH (2003) EWHC 2864 (Admin) — Tribunal satisfied disorder of a nature although not degree; did not separately consider necessity test. Misdirection re nature/degree so decision to discharge quashed
| 2007-02-06 | 2003 cases, Brief summary, Reasons, Transcript |
| R (Smith) v MHRT South Thames Region (1998) EWHC Admin 832 — Tribunal need only be satisfied of either nature or degree (i.e. not necessarily both) for detention to continue
| 2007-02-06 | 1998 cases, Brief summary, Reasons, Transcript |
| R (Ashworth) v MHRT; R (H) v Ashworth (2002) EWCA Civ 923 — Appeal on MHRT decision dismissed; appeal on re-sectioning allowed
On appeal from: R (Ashworth) v MHRT; R (H) v Ashworth (2001) EWHC Admin 901
| 2007-02-06 | 2002 cases, Brief summary, Re-sectioning after hearing, Transcript |
| R (Ashworth) v MHRT; R (H) v Ashworth (2001) EWHC Admin 901 — JR of MHRT discharge: immediate discharge when no aftercare available; decision irrational; reasons inadequate. JR of subsequent re-sectioning: lawful, considering Brandenburg CA decision; legal advice on lawfulness of MHRT decision relevant; stay ineffective when discharge was immediate.
| 2007-02-06 | 2001 cases, Brief summary, Re-sectioning after hearing, Transcript |
| R (KW) v Avon and Wiltshire MH Partnership NHS Trust (2003) EWHC 919 (Admin) — No reasons given for rejecting RMO's evidence; Tribunal gave no indication during hearing of Tribunal doctor's provisional opinion. Decision quashed.
| 2007-02-06 | 2003 cases, Brief summary, Reasons, Transcript |
| R (SSHD) v MHRT, re CH (2005) EWHC 746 (Admin) — No discernible reasons given for preferring patient's evidence to RMO's; material reason given in subsequent witness statement which had not originally been recorded.
| 2007-02-06 | 2005 cases, Brief summary, Reasons, Transcript |
| R (T) v MHRT (2002) EWHC Admin 247 — Discretion to give MHRT decision/reasons to victim should have been considered.
| 2007-02-06 | 2002 cases, Brief summary, Publicity, Transcript |
| R (SSHD) v MHRT, re Wilson (2004) EWHC 1029 (Admin) — MHRT found that patient did not suffer from psychopathic disorder and directed absolute discharge; their decision was quashed because they had failed to consider conditional discharge criteria (i.e. whether patient should remain liable to be recalled for further treatment). Also: MHRT had no power to defer absolute discharge; had failed to explain why they rejected the RMO's evidence; and had misunderstood the legal definition of treatability.
| 2007-02-06 | 2004 cases, Absolute or conditional discharge, Brief summary, Transcript |
| R (AN) v MHRT (2005) EWCA Civ 1605 — MHRT should apply the standard of proof on the balance of probabilities to all the issues it has to determine.
| 2007-02-06 | 2005 cases, Brief summary, Burden and standard of proof, Transcript |
| R (SSHD) v MHRT, re PH (2002) EWCA Civ 1868 — Conditions of discharge are lawful so long as they do not amount to a deprivation of liberty: in this case, a condition that the patient could not leave a hostel unescorted was lawful; so too could be a condition of residence at a hospital (rough summary)
In this case, unusually restrictive conditions were imposed primarily for the benefit of PH (who was frail, elderly and very institutionalised) rather than for the protection of the public. One of these was that PH was to be escorted whenever he left the hostel.
| 2007-02-06 | 2000 cases, Brief summary, Deprivation of liberty, Discharge conditions, Transcript |
| Benjamin and Wilson v UK 28212/95 (2002) ECHR 636 — Technical lifer status violated Article 5(4).
See "Technical lifer" page for background.
| 2006-08-15 | 2002 cases, Brief summary, ECHR, Ministry of Justice, Transcript |
| R (Hempstock) v MHRT (1997) EWHC Admin 664 — Tribunal have same powers when reconvening after unfulfilled recommendations as at original hearing.
| 2006-04-16 | 1997 cases, Brief summary, Powers, Transcript |
| R (H) v MHRT North and East London Region (2001) EWCA Civ 415 — Section 73 incompatible with Article 5 because burden of proof was placed on patient.
| 2006-04-16 | 2001 cases, Brief summary, Burden and standard of proof, Transcript |
| R (PD) v West Midlands and North West MHRT (2003) EWHC 2469 (Admin) — No appearance of bias just becuase MHRT medical member was employed by same Trust as detained the patient.
| 2006-04-16 | 2003 cases, Bias, Brief summary, Transcript |
| R (von Brandenburg) v East London and City MH NHS Trust (2003) UKHL 58 — An ASW may not lawfully apply for the admission of a patient whose discharge has been ordered by the decision of a mental health review tribunal of which the ASW is aware unless the ASW has formed the reasonable and bona fide opinion that he has information not known to the tribunal which puts a significantly different complexion on the case as compared with that which was before the tribunal.
| 2006-04-16 | 2003 cases, Brief summary, Re-sectioning after hearing, Transcript |
| W v Egdell (1990) 1 Ch 359 — Independent psychiatrist owes a duty to the public as well as a duty of confidence to the patient.
| 2006-04-15 | 1990 cases, Brief summary, Miscellaneous, Transcript |
| R (Mersey Care NHS Trust) v MHRT, re Brady (2004) EWHC 1749 (Admin) — Tribunal decision to allow public hearing was flawed.
| 2006-04-15 | 2004 cases, Brief summary, Publicity, Transcript |
| R (PD) v West Midlands and North West MHRT (2004) EWCA Civ 311 — No appearance of bias when Tribunal medical member was employed by same Trust.
| 2006-04-15 | 2004 cases, Bias, Brief summary, Transcript |
| R (CS) v MHRT (2004) EWHC 2958 (Admin) — Unsuccessful challenge to Tribunal's decision not to discharge patient who was on long-term section 17 leave.
| 2006-04-15 | 2004 cases, Brief summary, Other MHRT cases, Transcript |
| R (SC) v MHRT (2005) EWHC 17 (Admin) — In deciding not to discharge, Tribunal can consider disorders from which client is not suffering. Section 75 is compatible with ECHR.
Patient not discharged. Consideration given to previous psychopathic disorder although only classified as mental illness. Challenge to compatibility of s75 with ECHR becuase there are no criteria.
| 2006-04-13 | 2005 cases, Brief summary, Other MHRT cases, Other classification cases, Transcript |
| R (B) v Camden London Borough Council (2005) EWHC 1366 (Admin) — Claimant sought damages breach of statutory duty under s117 causing delay after deferred conditional discharge. Claim dismissed.
| 2006-04-13 | 2005 cases, After-care, Brief summary, Transcript |
| R (Munjaz) v Ashworth Hospital Authority (2005) UKHL 58 — The Code of Practice is guidance rather than instruction, but must not be departed from in the absence of cogent reasons; the Ashworth seclusion policy, although deviating from the standards in the Code of Practice, was lawful.
| 2006-04-12 | 2005 cases, Brief summary, Miscellaneous, Transcript |
| R (SSHD) v MHRT, re BR (2005) EWHC 2468 (Admin) — For restricted patients, Tribunals should consider appropropriateness of liability to recall even if not satisfied that there is any detainable mental disorder.
Tribunal absolutely discharged BR without considering appropriateness of liability to recall (i.e. conditional discharge).
Decision quashed, for the reason above, and case remitted to tribunal. (Unless there had been a deterioration, it was hoped that Home Secretary will conditionally discharge pending the next hearing.)
| 2006-04-12 | 2005 cases, Absolute or conditional discharge, Brief summary, Transcript |
| R (SR) v Huntercombe Maidenhead Hospital (2005) EWHC 2361 (Admin) — Usually the managers should discharge if they disagree with the RMO's barring report, but there can be exceptions; they have an unfettered discretion.
| 2006-04-12 | Brief summary, Hospital managers hearings, Other NR cases, Transcript |
| R (G) v Mental Health Review Tribunal (2004) EWHC 2193 (Admin) — The Tribunal were right to conclude that the conditions which the claimant patient contended for (continued residence at Thornford Park) would be a deprivation, rather than a restriction, of his liberty. The patient's consent to this continuing deprivation of liberty would not confer jurisdiction on the Tribunal.'
| 2006-04-10 | 2004 cases, Brief summary, Deprivation of liberty, Discharge conditions, Transcript |
| R (SSHD) v MHRT, re MP (2004) EWHC 2194 — Conditions attached to conditional discharge of restricted patients must not be so severe as to deprive the patient of his liberty (as opposed to merely restricting it). In this case the condition that the patient may not leave a hostel without escorts deprived him of his liberty. Re PH distinguished: the purpose of the restrictions (and the hope in PH that the need for them might diminish) was different.
| 2006-04-10 | 2004 cases, Brief summary, Deprivation of liberty, Discharge conditions, Transcript |
| R (DJ) v MHRT; R (AN) v MHRT (2005) EWHC 587 (Admin) — The correct standard of proof, where one applies, for the MHRT to apply is the civil standard.
| 2006-04-10 | 2005 cases, Brief summary, Burden and standard of proof, Transcript |