2011 07 Mental Health

Monday 1 August 2011

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Hadzic and Suljic v Bosnia and Herzegovina(Application No.: 00039446/06 : 00033849/08) European Court of Human Rights (N Bratza P): The European Court of Human Rights held that where the applicants in these two separate cases had been convicted of manslaughter but were made subject of a hospital order because of their diminished responsibility at the time of the offences, their detention in a prison forensic psychiatric annex, which was an interim solution but had become permanent, was unlawful as that particular institution was not appropriate for mental health patients. The court held there had been a breach of Article 5 in both cases. Click here for transcript.

C (By his litigation friend the Official Solicitor) (Claimant) v A Local Authority (Defendant) & (1) LM (2) LPM (3) A PCT (4) An Organisation (Interested Parties)[2011] EWHC 1539 (Admin) (Ryder J) The Court held that the purpose of the Code of Practice: Mental Health Act 1983 and its enabling section was to protect those with mental disorders as defined in the Mental Health Act 1983 by making provision for their reception, care and treatment regardless of whether the Act's compulsory measures had been engaged. The Court held even though s.118(1)(a) of the Mental Health Act 1983 did not apply to a special school or a children's home, it should be deemed to apply where a severely learning disabled child with a condition falling within the definition of a mental disorder lived in such an establishment. Click here for transcript.

Laszczkowski v Poland (2011) (Pitchford LJ, Supperstone J) 28/6/2011: It was appropriate to extradite an offender to Poland where, although he had previously attempted suicide and his behaviour was unpredictable, the risk that he would commit suicide if extradited was unknown and unquantifiable; there was care available in Poland; and, after serving the remaining sentence, he would be able to resume contact with his son, the separation from whom was the cause of the alleged risk. (No transcript yet available)

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