An application before the High Court for habeas corpus was upheld by Mr Justice King on 4th March 2008. The application was based on the non-compliance by an approved social worker with the important requirements under section 11 of the Mental Health Act 1983 to consult the nearest relative of the patient, BB. The approved social worker had phoned BB's father, who did not speak English, then spoken to BB's sister. The social worker said that the sister had agreed that her brother be admitted for treatment, which BB's sister denied. The judge heard oral evidence and as a result of cross- examination by Stephen Simblet, for BB, ruled that he was not satisfied that the social worker's evidence was reliable. He ordered BB's immediate release.
A link to this judgment will be put on the website when it is available.