Fennell, Letts and Wilson, Mental Health Tribunals (Law Society 2013):
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Category:2007 cases

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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 summaryDate added to siteCategories
Austin v Commissioner of Police of the Metropolis (2007) EWCA Civ 989 — Kettling/Article 5 case. [Summary required.] 2012-05-082007 cases, Deprivation of liberty, No summary, Transcript
Surrey County Council v MB (2007) EWHC 3085 (Fam) — MCA, MHA, deprivation of liberty. [Summary required.] 2011-09-292007 cases, Best interests, No summary, Transcript
Laurie v MHTS (2007) GWD 32-555 — An application was made for revocation/variation of a Compulsory Treatment Order by the patient's Named Person. Two competing arguments were before the Mental Health Tribunal - one regarding a community option, the other a move to a specialist unit. A report prepared on behalf of the specialist unit was before the Tribunal. The Sheriff concluded that there will be many cases where proceeding on the basis of a report, without requiring the author to speak to it, was entirely proper and satisfactory but that it was not adequate in the circumstances of this case given the importance attached to that report. Whilst no party had requested an opportunity to cross-examine the author of the report, the Sheriff held that the Tribunal is not purely adversarial but there is an inquisitorial element in the approach required to be adopted by the Tribunal in its reaching decisions. The failure to consider whether to require the author to give evidence and the failure to consider the weight ..→2010-09-092007 cases, Brief summary, Scottish cases, Transcript
Saulle v Nouvet (2007) EWHC 2902 (QB) — (1) The claimant had capacity to conduct litigation and manage his own property and affairs. (2) The definition of and approach to capacity to be adopted by the Queen's Bench Division of the High Court in deciding whether a person is a protected party, or a protected beneficiary, is the MCA 2005 statutory definition. 2010-08-082007 cases, Brief summary, Other capacity cases, Transcript
R (RJM) v SSWP (2007) EWCA Civ 614 — "For the reasons I have given I would hold that the right to IS is a possession within A1P1 but that RJM's appeal must be dismissed because a person without accommodation does not have an "other status" within the meaning of Article 14 of the Convention. If, contrary to that view, RJM does have such a status, the refusal to pay DP to those who do not have accommodation is not unlawful under the Convention because the Secretary of State has justified their differential treatment. I would therefore dismiss the appeal." [Summary required.] 2010-08-072007 cases, No summary, Transcript, Welfare benefits cases
R (Hurst) v Commissioner of Police of the Metropolis (2007) UKHL 13 — No need to hold Article 2-compliant inquest when death occurred before implementation of Human Rights Act 1998. 2009-12-042007 cases, Brief summary, Inquests, Transcript
R v Hurst (2007) EWCA Crim 3436 — The restriction order was set aside as: (1) there was insufficient evidence that it was necessary for the protection of the public from serious harm; (2) the judge did not explain why he had rejected the medical evidence, which was against the imposition of a restriction order. 2009-11-242007 cases, Brief summary, Restriction order cases, Transcript
Robbins v Mitchell and MHTS (2007) ScotSC 19 — Unsuccessful challenge to MHTS decision. [Summary required.] 2009-11-012007 cases, No summary, Other Tribunal cases, Scottish cases, Transcript
Lothian Health Board v Martin and MHTS (2007) — Unsuccessful appeal against MHTS decision. [Summary required.] 2009-11-012007 cases, No summary, Other Tribunal cases, Scottish cases, Transcript
NHS Hospital Trust v A (a child) (2007) EWHC 1696 (Fam) — Bone marrow transplant on baby lawful despite parents' refusal to consent. 2009-10-292007 cases, Best interests, Brief summary, Transcript
AL v Mental Health Tribunal for Scotland (2007) ScotSC 44 — Successful challenge to MHTS decision. [Summary required.] 2009-10-242007 cases, No summary, Other Tribunal cases, Scottish cases, Transcript
R v Safi (2007) EWCA Crim 1392 — Appeal against restriction order dismissed. 2009-04-132007 cases, No summary, Restriction order cases, Transcript
Kucheruk v Ukraine (2007) 2570/04 ECHR 712 — Violations of Article 3, 5(1) and 5(4). 2009-04-122007 cases, ECHR, No summary, Transcript
R (Cooper) v Parole Board (2007) EWHC 1292 (Admin) — Target time of 55 days from referral to hearing in recall cases breached Article 5(4); as did the refusal to expedite case on on basis of prisoner's mental state. 2009-04-122007 cases, Brief summary, Prison law cases, Transcript
Jain v Trent Strategic Health Authority (2007) EWCA Civ 1186 — Unsuccessful negligence claim relating to the cancellation of nursing home registration. 2009-04-122007 cases, Community care, No summary, Transcript
R (Johnson) v SSHD (2007) EWCA Civ 427 — Parole Board delay breached Article 5(4). 2009-04-122007 cases, No summary, Prison law cases, Transcript
R v House (2007) EWCA Crim 2559 — (1) The judge was plainly right to pass the sentence of two concurrent life sentences with a s45A order; (2) a minimum term should be specified unless the punitive and retributive element required detention for life and, on the facts, a 9-year minimum term would be set. 2009-04-112007 cases, Brief summary, Life sentence cases, Transcript
R (Abu-Rideh) v SSHD (2007) EWHC 2237 (Admin) — The claimant's appeal under s10(1) of the Prevention of Terrorism Act 2005 against the modification of his control order (that the cumulative effect in his changed circumstances, in particular because he now lives alone and his perceived declining mental health, had led to breaches of Articles 5, 3 and 8) failed. 2009-01-192007 cases, Deprivation of liberty, Detailed summary, Transcript
R (Johnson) v London Borough of Havering; R (YL) v Birmingham City Council (2007) EWCA Civ 26 — 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. 2008-12-282007 cases, Brief summary, Community care, Transcript
Gray v Thames Trains Ltd (2007) EWHC 1558 (QB) — The principle of ex turpi causa prevented the claimant from recovering damages after the commission of manslaughter. 2008-12-282007 cases, Brief summary, Miscellaneous, Transcript
KC v City of Westminster Social and Community Services Department (2007) EWHC 3096 (Fam) — Muslim marriage where groom lacked capacity was not recognised in English law. 2008-12-142007 cases, Brief summary, Other capacity cases, 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. 2008-12-082007 cases, Brief summary, Community care, Permission hearings, 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. 2008-11-292007 cases, Brief summary, Other criminal law cases, 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. 2008-10-062007 cases, Brief summary, Other capacity cases, 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. 2008-10-062007 cases, Brief summary, Other capacity cases, Transcript
LLBC v TG (2007) EWHC 2640 (Fam) — Best interests/deprivation of liberty case. 2008-10-062007 cases, Deprivation of liberty, Detailed summary, 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. 2008-09-212007 cases, Brief summary, Community care, Transcript
Law Society v Legal Services Commission (2007) EWHC 1848 (Admin) — Litigation between Law Society and LSC over Unified Contract. 2008-09-132007 cases, Miscellaneous, No summary, Transcript
R (Page) v Secretary of State for Justice (2007) EWHC 2026 (Admin) — Prison law case. 2008-09-122007 cases, No summary, Prison law cases, Transcript
LGO decision: North Yorkshire County Council 05/C/13158 (24/7/07) — After funding under s117 (top-ups). 2008-08-212007 cases, Detailed summary, LGO decisions, Transcript
LGO decision: Poole Borough Council 06/B/7542 (5/9/07) — Duties under s117. 2008-08-212007 cases, Detailed summary, LGO decisions, Transcript
LGO decision: Bath and North East Somerset Council 06/B/16774 (12/12/07) — Duties under s117. 2008-07-312007 cases, Detailed summary, LGO decisions, 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. 2008-02-232007 cases, Brief summary, Northern Irish cases, Re-sectioning after hearing, Transcript
Mersey Care NHS Trust v Ackroyd (2007) EWCA Civ 101 — No public interest justification for disclosure of journalist's source. 2008-02-232007 cases, Miscellaneous, No summary, Transcript
Re PS (An Adult); City of Sunderland v PS (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. 2008-02-232007 cases, Brief summary, Deprivation of liberty, Other capacity cases, 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. 2008-02-222007 cases, Brief summary, Other criminal law cases, 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 2008-02-222007 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. 2008-02-222007 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. 2008-02-222007 cases, Brief summary, Prison law cases, Transcript
R v Simpson (2007) EWCA Crim 2666 — Discretionary life sentence with 6 year tariff quashed and substituted with s37/41 order. 2008-02-222007 cases, Brief summary, Sentence appeal cases, 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 ..→2008-02-222007 cases, Brief summary, Transcript
Re MM (An Adult); Local Authority X v MM (2007) EWHC 2689 (Fam) — Inherent jurisdiction case re vulnerable adult 2008-02-222007 cases, Capacity to consent to sexual relations, No summary, Transcript
Re MM (An Adult) (2007) EWHC 2003 (Fam) — Inherent jurisdiction case re vulnerable adult. [Summary required.] 2008-02-222007 cases, Capacity to consent to sexual relations, No summary, 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 2008-02-222007 cases, Brief summary, Other criminal law cases, Transcript
London Borough of Lewisham v Malcolm (2007) EWCA Civ 763 — A possession order cannot be made if it would amount to unlawful discrimination under the DDA 1995, even where the court would otherwise have no discretion to refuse the order. 2008-02-222007 cases, Detailed summary, Disability discrimination, 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. 2008-02-222007 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. 2008-02-222007 cases, Brief summary, Transcript, Unfitness and insanity cases
R v Johnson (Dean) (2007) EWCA Crim 1978 — The defendant knew his actions were legally wrong but did not believe them to be morally wrong: because he knew they were legally wrong he was not entitled under the M'Naghten Rules to ask the jury to enter a verdict of not guilty by reason of insanity. 2008-02-222007 cases, Brief summary, Transcript, Unfitness and insanity cases
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. 2008-02-222007 cases, Brief summary, Transcript, Unfitness and insanity cases
R v Chal (2007) EWCA Crim 2647 — Hearsay evidence admissible in s4A Criminal Procedure (Insanity) Act 1964 proceedings 2007-12-272007 cases, Brief summary, Transcript, Unfitness and insanity cases
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." 2007-12-272007 cases, Detailed summary, Miscellaneous, Transcript
R (SSHD) v MHRT, re JC (2007) EWHC 2224 (Admin) — Deferred conditional discharge decision was unlawful: (1) the decision on the statutory criteria was irrational; (2) the conditions were unlawful - by requiring satisfactory trial leave and consent from third parties they were pre-conditions to discharge rather than conditions of discharge. 2007-10-302007 cases, Detailed summary, Reasons, Transcript
R (Brooke) v Parole Board (2007) EWHC 2036 (Admin) — The Parole Board lacks independence for the purposes of Article 5(4) ECHR because of the sponsorship relationship with the Ministry of Justice which is a party to its proceedings. 2007-09-162007 cases, Detailed summary, Prison law cases, Transcript
Seal v. Chief Constable of South Wales Police (2007) UKHL 31 — MENTAL DISORDER — Leave to bring proceedings — Civil proceedings — Police officers removing claimant to place of safety — Claimant bringing action against officers without obtaining leave of High Court — Whether failure to obtain leave rendering proceedings nullity — Mental Health Act 1983, s 139(2). It was a mandatory requirement to obtain the leave of the High Court, pursuant to s 139(2) of the Mental Health Act 1983, before bringing civil proceedings in respect of any act purporting to be done in pursuance of that Act, and proceedings issued without obtaining such leave first were rendered a nullity. 2007-07-172007 cases, Detailed summary, Miscellaneous, 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. 2007-07-172007 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 2007-07-172007 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. 2007-07-172007 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.) 2007-07-122007 cases, Brief summary, Ministry of Justice, Transcript
R (Rayner and Marsh) v SSHD (2007) EWHC 1028 (Admin) — (1) Section 75 provides an independent legal device by which the detainee may appear before a judge which is not dependent on the good will of the detaining authority and thus is Article 5 compliant; in any event, the section cannot be incompatible as means exist to operate it compatibly. (2) In order for s75 to be compatible the Secretary of State ought to refer the case of a recalled patient at once (in practice, within 72 hours) to the MHRT unless the circumstances of the applicant or his case positively require otherwise. (3) On the facts the delay in making the reference breached Article 5(4). 2007-05-202007 cases, Detailed summary, Ministry of Justice, Transcript
R (SH) v MHRT (2007) EWHC 884 (Admin) — Condition "that the patient shall comply with medication" was lawful. 2007-05-172007 cases, Detailed summary, Discharge conditions, Transcript
R (RD) v MHRT (2007) EWHC 781 (Admin) — (1) The communication by the medical member of a "very preliminary" view was lawful, even though it went to detainability and not merely to mental condition; (2) the reasons given for not discharging were adequate. 2007-04-182007 cases, Bias, Detailed summary, Transcript

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