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Mental health case law
From WikiMentalHealth
The mental health cases on this site are structured into categories and (where appropriate) sub-categories:
- To browse through categories and cases, click on the [+] and [-] symbols as appropriate.
- To view summaries of all cases within a category, click on the category name.
- To view a particular case, click on the case name (which will be listed under the relevant category).
Wikimentalhealth currently contains 508 categorised cases.
In addition, approximately
54 Cases to be added have been identified on Bailii.
Case law by category
Your contributions
If you have been involved in a case not listed here, or have a transcript that is not yet on Bailii, then please get in touch. See Help page for contact details. Also on that page is an explanation of how to create new pages, edit existing ones, and categorise pages.
Use the following box to add a case. Enter the case name and neutral citation, using round brackets only (for software reasons).
Recently-added cases
The following are the 10 most recently-added 2009 cases:
| Page and summary | Date added to site | Categories |
| Gray v Thames Trains Ltd (2009) UKHL 33 — The principle of ex turpi causa prevented the claimant from recovering for damage which was the consequence of his committing the offence of manslaughter.
| 2009-06-21 | 2009 cases, Detailed summary, Miscellaneous, Transcript |
| R (Blouet) v Bath and Wansdyke Magistrates Court (2009) EWHC 759 (Admin) — Fitness to plead - guidance on procedure to be followed by magistrates' court. [Summary required.]
| 2009-06-15 | 2009 cases, Criminal law, No summary, Transcript |
| Roach v Home Office (2009) EWHC 312 (QB) — The costs of attending an inquest can in principle be recovered by way of costs in subsequent civil proceedings; the fact that the inquest work was covered by a public funding certificate had no bearing on the recoverability of the costs.
| 2009-06-15 | 2009 cases, Brief summary, Miscellaneous, Transcript |
| Scottish Ministers v MHTS, re NG and PF (2009) CSIH 33 — The Mental Health Tribunal for Scotland has no power to vary the conditions of a patient who had been conditionally discharged, as the power to set conditions only arises at the time of discharge.
| 2009-06-14 | 2009 cases, Brief summary, Powers, Scottish cases, Transcript |
| R (Mehmet) v SSJ (2009) EWHC 1202 (Admin) — The failure, without good cause, to provide to the Parole Board for nearly a year a report on how the Claimant’s performance on the ABLB course impacts on the assessment of risk in his case (SARN report) was a breach of the Secretary of State’s public law obligations and accordingly unlawful.
| 2009-06-03 | 2009 cases, Brief summary, Prison law, Transcript |
| Re OT (2009) EWHC 633 (Fam) — OT, a nine-month-old baby, required continuous ventilation to live, and sometimes required further intensive medical treatment; the trust wanted to discontinue ventilation and treatment on the basis of the distressing and futile nature of the treatment; the parents wanted all steps to be taken to sustain life. (1) Although the application itself was made in an emergency as a result of a sudden deterioration in the child's condition, the parents had a fair opportunity to prepare their case both before and during the hearing; there was therefore no flaw in the process breaching Convention rights. (2) The provision or withdrawal of treatment for a child without parental consent, save in exceptional cases, is unlawful without a court declaration.* (3) Declarations were made permitting the clinicians to treat OT according to their clinical discretion (including not escalating treatment) and to cease ventilation immediately.
| 2009-05-21 | 2009 cases, Best interests, Brief summary, Transcript |
| Re OT (A Child) (2009) EWCA Civ 409 — The judge's refusal of the parents' adjournment application, and the decision to proceed with a determination of best interests of their child, was not appealable.
| 2009-05-18 | 2009 cases, Best interests, No summary, Transcript |
| R (Smith) v Secretary of State for Defence (2009) EWCA Civ 441 — (1) A British soldier who is on military service in Iraq is subject to the jurisdiction of the UK within the meaning of Article 1 of the Convention, so as to benefit from the rights guaranteed by the HRA while operating in Iraq, and not only when he is on a British military base or in a British hospital. (2) The inquest into the claimant's death must confirm with Article 2 standards in the scope of the investigation and nature of the verdict.
| 2009-05-18 | 2009 cases, Brief summary, Miscellaneous, Transcript |
| R v Hughes (2009) EWCA Crim 841 — The court's power to entertain an appeal against sentence is not, as a matter purely of jurisdiction, removed by the fact that there has been an earlier reference of the sentence by the Attorney-General; however, in all but the wholly exceptional case, the applications for extension of time and for leave to appeal would be refused.
| 2009-05-15 | 2009 cases, Brief summary, Criminal law, Transcript |
| R (James) v SSJ (2009) UKHL 22 — (1) Following the introduction of IPP sentences, the Secretary of State was in breach of his public law duty to make reasonable provision to enable IPP prisoners (if necessary by completing treatment courses) to demonstrate to the Parole Board their safety for release. The appropriate remedy was declaratory relief condemning the Secretary of State's failures and indicating that he is obliged to do more. The systemic failure has ended (following amendments including making the IPP sentence generally available only when the notional minimum term is at least 2 years) so no further relief is appropriate. (2) In relation to post-tariff detention, the systemic failure did not: (a) make the detention unlawful (detention remains lawful under statute until Parole Board release); (b) breach Article 5(1) (causal link with objective of detention remained until Parole Board decision); or (c) breach Article 5(4) (which is concerned with procedure not substance) although cases with prior ..→ | 2009-05-06 | 2009 cases, Brief summary, Prison law, Transcript |
The following are the 15 most recently-added cases with a Detailed summary or Brief summary:
| Page and summary | Date added to site | Categories |
| Gray v Thames Trains Ltd (2009) UKHL 33 — The principle of ex turpi causa prevented the claimant from recovering for damage which was the consequence of his committing the offence of manslaughter.
| 2009-06-21 | 2009 cases, Detailed summary, Miscellaneous, Transcript |
| R (Compton) v GMC (2008) EWHC 2868 (Admin) — The GMC fitness to practise panel in suspending Dr Compton for a year had exercised a fair procedure (in light of the doctor's decision not to attend) and were justified in their conclusion (that he had been dishonest in not disclosing previous unsuccessful applications for s12 approval).
| 2009-06-15 | 2008 cases, Brief summary, Miscellaneous, Transcript |
| RA (Sri Lanka) v SSHD (2008) EWCA Civ 1210 — Unsuccessful human rights appeal against deportation made by suspected terrorist: the article 3 claim being based on (1) a fear of being ill-treated in Sri Lanka on account of actual or suspected involvement with the Tamil Tigers; (2) mental health and in particular the risk of suicide if returned; the article 8 claim being based on the risk of suicide and interference with the private life established in the UK.
| 2009-06-15 | 2008 cases, Brief summary, Deportation, Miscellaneous, Transcript |
| Roach v Home Office (2009) EWHC 312 (QB) — The costs of attending an inquest can in principle be recovered by way of costs in subsequent civil proceedings; the fact that the inquest work was covered by a public funding certificate had no bearing on the recoverability of the costs.
| 2009-06-15 | 2009 cases, Brief summary, Miscellaneous, Transcript |
| Scottish Ministers v MHTS, re NG and PF (2009) CSIH 33 — The Mental Health Tribunal for Scotland has no power to vary the conditions of a patient who had been conditionally discharged, as the power to set conditions only arises at the time of discharge.
| 2009-06-14 | 2009 cases, Brief summary, Powers, Scottish cases, Transcript |
| R (Mehmet) v SSJ (2009) EWHC 1202 (Admin) — The failure, without good cause, to provide to the Parole Board for nearly a year a report on how the Claimant’s performance on the ABLB course impacts on the assessment of risk in his case (SARN report) was a breach of the Secretary of State’s public law obligations and accordingly unlawful.
| 2009-06-03 | 2009 cases, Brief summary, Prison law, Transcript |
| Re OT (2009) EWHC 633 (Fam) — OT, a nine-month-old baby, required continuous ventilation to live, and sometimes required further intensive medical treatment; the trust wanted to discontinue ventilation and treatment on the basis of the distressing and futile nature of the treatment; the parents wanted all steps to be taken to sustain life. (1) Although the application itself was made in an emergency as a result of a sudden deterioration in the child's condition, the parents had a fair opportunity to prepare their case both before and during the hearing; there was therefore no flaw in the process breaching Convention rights. (2) The provision or withdrawal of treatment for a child without parental consent, save in exceptional cases, is unlawful without a court declaration.* (3) Declarations were made permitting the clinicians to treat OT according to their clinical discretion (including not escalating treatment) and to cease ventilation immediately.
| 2009-05-21 | 2009 cases, Best interests, Brief summary, Transcript |
| R (Smith) v Secretary of State for Defence (2009) EWCA Civ 441 — (1) A British soldier who is on military service in Iraq is subject to the jurisdiction of the UK within the meaning of Article 1 of the Convention, so as to benefit from the rights guaranteed by the HRA while operating in Iraq, and not only when he is on a British military base or in a British hospital. (2) The inquest into the claimant's death must confirm with Article 2 standards in the scope of the investigation and nature of the verdict.
| 2009-05-18 | 2009 cases, Brief summary, Miscellaneous, Transcript |
| R v Hughes (2009) EWCA Crim 841 — The court's power to entertain an appeal against sentence is not, as a matter purely of jurisdiction, removed by the fact that there has been an earlier reference of the sentence by the Attorney-General; however, in all but the wholly exceptional case, the applications for extension of time and for leave to appeal would be refused.
| 2009-05-15 | 2009 cases, Brief summary, Criminal law, Transcript |
| R (P) v Mersey Care NHS Trust (2003) EWHC 994 (Admin) — A Tribunal recommendation for transfer from high to medium security is an important input but is not determinative; the decision whether to use the s17 (leave) and s19 (transfer) powers is for the RC and hospital managers, subject to the consent of the Secretary of State; on the facts, the Article 8 interference was justified and a decision not to transfer was properly open to them.
| 2009-05-11 | 2003 cases, Brief summary, Ministry of Justice, Transcript |
| R (IR) v Dr Shetty (2003) EWHC 3022 (Admin) — Unsuccessful challenge, on Article 3 and 5 grounds, to RC's decision to recommend s47/49 patient's transfer back to prison and MoJ's decision to order it.
| 2009-05-11 | 2003 cases, Brief summary, Transcript |
| R (James) v SSJ (2009) UKHL 22 — (1) Following the introduction of IPP sentences, the Secretary of State was in breach of his public law duty to make reasonable provision to enable IPP prisoners (if necessary by completing treatment courses) to demonstrate to the Parole Board their safety for release. The appropriate remedy was declaratory relief condemning the Secretary of State's failures and indicating that he is obliged to do more. The systemic failure has ended (following amendments including making the IPP sentence generally available only when the notional minimum term is at least 2 years) so no further relief is appropriate. (2) In relation to post-tariff detention, the systemic failure did not: (a) make the detention unlawful (detention remains lawful under statute until Parole Board release); (b) breach Article 5(1) (causal link with objective of detention remained until Parole Board decision); or (c) breach Article 5(4) (which is concerned with procedure not substance) although cases with prior ..→ | 2009-05-06 | 2009 cases, Brief summary, Prison law, Transcript |
| Y (Sri Lanka) v SSHD (2009) EWCA Civ 362 — The appellants, who had been tortured as suspected terrorists or terrorist sympathisers before travelling from Sri Lanka to the UK, successfully resisted deportation on Article 3 grounds by claiming that they would commit suicide if returned (even though there was no objective foundation for any fear of ill-treatment).
| 2009-05-04 | 2009 cases, Brief summary, Deportation, Miscellaneous, Transcript |
| Eastern and Coastal Kent PCT v Grey (2009) UKEAT 0454/08 — The Employment Tribunal erred as it ought to have considered (but did not consider properly) the requirements of section 4A(3)(b) of the Disability Discrimination Act 1995 which means that an employer is exempt from the duty to make adjustments if each of four matters can be satisfied and they are that the employer: (a) does not know that the disabled person has a disability; (b) does not know that the disabled person is likely to be at a substantial disadvantage compared with persons who are not disabled; (c) could not reasonably be expected to know that the disabled person had a disability; and (d) could not reasonably be expected to know that the disabled person is likely to be placed at a substantial disadvantage in comparison with persons who are not disabled.
| 2009-05-02 | 2009 cases, Brief summary, Disability discrimination, Transcript |
| M v Murray (Mental Health Officer) (2009) ScotSC 8 — The appellant patient argued that the mental health officer's application to the Mental Health Tribunal for Scotland was misconceived because the second medical report which accompanied the application did not meet the requirements of the Mental Health (Care and Treatment) (Scotland) Act 2003; taken as a whole and in the circumstances (that the application is made in the interests of the patient and the Tribunal also hear oral evidence) the report did meet the requirements.
| 2009-04-26 | 2009 cases, Brief summary, Scottish cases, Transcript |
The following are the 5 most recently-added cases with No summary:
| Page and summary | Date added to site | Categories |
| R (Blouet) v Bath and Wansdyke Magistrates Court (2009) EWHC 759 (Admin) — Fitness to plead - guidance on procedure to be followed by magistrates' court. [Summary required.]
| 2009-06-15 | 2009 cases, Criminal law, No summary, Transcript |
| Dalton v Latnam (2003) EWHC 796 (Ch) — The justice of the case did not require the forfeiture rule to be modified. [Summary required.]
| 2009-06-14 | 2003 cases, Miscellaneous, No summary, Transcript |
| Dunn v South Tyneside Health Care NHS Trust (2003) EWCA Civ 878 — Clinical negligence - hourly observations were reasonable. [Summary required.]
| 2009-06-14 | 2003 cases, Miscellaneous, No summary, Transcript |
| Peter Kiernan v Harrow Crown Court (2003) EWCA Crim 1052 — Hospital order quashed. [Summary required.]
| 2009-06-14 | 2003 cases, Criminal law, No summary, Transcript |
| R (A) v SSHD (2003) EWHC 270 (Admin) — It was not unfair that a differently-constituted Tribunal panel were to consider the claimant's case after the original deferred conditional discharge. [Summary required.]
| 2009-06-14 | 2003 cases, No summary, Other MHRT cases, Transcript |
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