Mental Health

Some of the primary legislation

Mental Health (Discrimination) Act 2013
Mental Health Act 2007
Mental Capacity Act 2005
Mental Health Act 1983

Some of our recent notable cases

TW (Appellant) v Enfield London Borough Council (Respondent) & Secretary of State for Health (Intervener) (2014)
The Court held that when it was an approved social worker’s decision under section 11(4) of the Mental Health Act 1983 that it was not reasonably practicable to consult a patient’s nearest relative before an application to admit them to hospital had to take into account a patient’s rights under Article 8(1) of the European Convention on Human Rights not to be detained and her right to the confidentiality of her medical condition
[2014] EWCA Civ 362 27/3/2014
Helen Curtis & Amanda Weston

R (on the app of W) v Dr Fintan Larkin & Secretary of State for Justice (2012)
Detainee challenged a decision to transfer him from a DSPD Unit at Broadmoor to a prison with no such provision at HMP Wakefield.
[2012] EWHC 556 (Admin) 22/2/2012
Timothy Baldwin

PS v Camden and Islington NHS Foundation Trust (2011)
Regarding Community Treatment Orders and referrals under the Mental Health Act 1983 s.68 (7).
[2011] UKUT 143 (AAC) 30/3/2011
Roger Pezzani

KF v Birmingham & Solihull Mental Health NHS Foundation Trust (2010)
Concerned application for review of a patient’s admission to hospital under the Mental Health Act 1983 s.2.
[2010] UKUT 185 (AAC)
Roger Pezzani

RM v St Andrew’s Healthcare (2010)
Concerned the covert medication of patient and how it affected the patient’s ability to challenge his detention.
[2010] UKUT 119 (AAC) 23/4/2010
Stephen Simblet and Roger Pezzani

BB (2009)
Successful appeal from Mental Health Review Tribunal based on inadequacy of reasons for refusing discharge, overturning the inadequate tribunal decision.
[2009] UKUT 157 (AAC) 7/08/2010
Stephen Simblet

R (on the app of TF) v Secretary of State for Justice (2008)
Secretary of State should not have been satisfied that the medical evidence would justify making a transfer direction under s.47 of the Mental Health Act 1983. Judgment makes important statements on the level of scrutiny to be applied to the evidence in such cases and entitlement to relief.
[2008] EWCA Civ 1457 18/12/2008. Reported at Times, Feb 6 2009
Stephen Knafler and Roger Pezzani

R (IT) v Secretary of State for Justice (2008)
Successful challenge to Secretary of State’s powers to recall a conditionally discharged patient, with subsequent damages hearing.
[2008] EWHC 1707 (Admin) 18/7/2008. Reported at [2008] 1MHLR 290
Stephen Simblet

M v Managers of Queen Mary’s Hospital (2008) (no link available)
Failing to establish that a patient had not been lawfully examined. Subsequently appealed with Roger Pezzani as advocate.
[2008] EWHC 1959 (Admin) 18/7/2008. Reported at [2008] 1 MHLR 303.
Stephen Simblet

GD v Managers of Edgware Hospital (2008)
Successful habeas corpus application where social worker had not completed necessary consultation before compulsory admission of patient to hospital.
CO/5733/08 Administrative Court 27/6/2008. Reported at [2008] 1 MHLR 282.
Stephen Simblet

KC and NNC v City of Westminster Social & Community Services Department v IC (2008)
Re. the arranged marriage of an incapacitated Bangladeshi adult groom which had been lawful under Muslim law was not recognised in English law.
[2008] EWCA Civ 198 19/3/2008. Reported at [2008] 2 FCR 146
Jan Luba QC and Stephen Knafler

LLBC v TG, JG, KR (2007)
TG had not been unlawfully deprived of his liberty whilst accommodated at a care home, albeit that he had lacked capacity to choose to live there and some (but not all) family members had been opposed to him living there and had demanded that he be released.
[2007] EWHC 2640 (Fam)  14/11/2007. Reported at [2008] 11 CCLR 161.
Stephen Knafler

R (on the app of MM) v Secretary of State for the Home Department (2007)
Concerning the Home Secretary’s powers to recall conditionally-disharged patients to hospital. Patient was subsequently absolutely discharged and removed from the Home Secretary’s control.
[2007] EWCA Civ 687 6/7/2007. Reported at (2007) 98 BMLR 130 & [2007] 1 MHLR 304.
Stephen Simblet

R (CS) v Mental Health Review Tribunal (2004)
Concerning the powers of the Mental Health Review Tribunal in relation to the discharge of patients on long-term leave of abscence.
[2004] EWHC 2958 (Admin) 6/12/04. Reported at (2004) 1 MHLR 355.
Stephen Simblet

R (von Brandenburg) v Tower Hamlets LBC (2003)
Legality of 2nd admission under MHA 1983 after previous discharge
[2003] UKHL 58 13/11/03. Reported at [2004] 2 AC 280
Stephen Knafler

R (X) v Mental Health Review Tribunal (2003)
Failing to establish unfairness in Mental Health Review Tribunal proceedings.
[2003] EWHC 1272 (Admin) 13/5/2003. Reported at (2003) 1 MHLR 299.
Stephen Simblet

R (on the app of DR) v Mersey Care NHS Trust (2002)
Lawfulness of detention in hospital following refusal of patient to take medicine
[2002] EWHC 1810 (Admin) 7/8/02. Reported at [2002] MHLR 386
Stephen Simblet

R (H) v Ashworth Hospital Authority (2002)
Lawfulness of second section by ASW
[2002] EWCA Civ 923 28/6/02. Reported at [2003] 1 WLR 127
Stephen Knafler

R (application P) v Barking Youth Court (2002)
Overturning a finding that a young defendant was fit to plead and stand trial
[2002] EWHC 734 (Admin) 17/4/02. Reported at (2002) 2 Cr. App. R 19
Stephen Simblet

R (on the app. of T) v Mental Health Review Tribunal (2002)
Upholding the right of a victim of an offence to receive some information about the discharge plans of a patient.
[2002] EWHC 247 (Admin) 22/2/2002. Reported at [2004] 1 MHLR 275.
Stephen Simblet

R (on application of C) v Mental Health Review Tribunal (2001)
Overturning a practice by which patients had to wait excessive times for a Mental Health Review Tribunal hearing
[2001] EWCA Civ 1110 3/7/01. Reported at [2002] 1 WLR 176
Stephen Simblet

R (Epsom & St Helier NHS Trust) v Mental Health Review Tribunal (2001) (no link)
Whether patient receiving treatment so as to justify detention in hospital
[2001] EWHC Admin 101 13/2/01. Reported at [2001] MHLR 8
Stephen Simblet

Useful links

Mental Health Law Online: case law, legislation and general information
Court of Protection resources (includes practice directions, rules and guidance)
Mental Health Foundation
British Institute of Human Rights: guide to the human rights of those with mental health problems
Mental Health Tribunal
Revolving Doors (Charity for those with mental health issues and histories of offending)
National Institute for Mental Health in England
MIND (includes detailed guides to Some of the primary legislation)
Rethink Mental Illness: guide to the mental health legislation