Category

Consulting NR

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Page and summaryDate added to siteCategories
GP v Derby City Council [2012] EWHC 1451 (Admin), [2012] MHLO 58 — The claimant applied for a writ of habeas corpus, challenging the AMHP's decision not to consult the nearest relative (under s11) before making a s3 application. The AMHP's evidence was that, having tried to telephone the NR on five or six occasions, he dispensed with consultation because nursing staff were anxious about the patient's presentation and needed him on s3 to move him to a psychiatric intensive care unit. (1) The question which arises on an application of this sort is whether the AMHP's decision was plainly wrong, or whether it was within the range of appropriate decisions available. (2) In the circumstances his decision was unlawful, in particular because: (a) the notes showed that the claimant had essentially been stable (and, in the event, had not been transferred to the PICU for over two weeks after the s3 began); and (b) the s3 assessment finished about 4.30pm and the s2 was due to expire at midnight, so to drive about 30 minutes to the NR's house would not have ..→2012-06-212012 cases, Brief summary, Consulting NR, Missing from Bailii, Transcript
DP v South Tyneside DC (2011) Admin Court 14/7/11 — It was not practicable to consult the nearest relative because (1) DP was perceived to be potentially at risk from him (forced marriage/death) and (2) consultation was not possible without disclosing DP's location (the duty of consultation not being one of mere notification): therefore the application for habeas corpus was refused. 2011-08-222011 cases, Brief summary, Consulting NR, No transcript
CX v A Local Authority [2011] EWHC 1918 (Admin) — A writ of habeas corpus was granted: (1) there had not been sufficiently informed consultation with the nearest relative before the s3 application was made; (2) the withdrawal of the nearest relative's objection was not full and effective, since it was the result of the incorrect and misleading advice that she could not maintain the objection without legal representation. [Judgment originally published under a different name.] 2011-07-212011 cases, Brief summary, Consulting NR, Transcript
TTM v LB Hackney [2011] EWCA Civ 4 — (1) Where a local authority makes an unlawful application to a hospital for the detention of a patient under the MHA, it can be held liable in damages for false imprisonment when its unlawful act directly causes the detention; (2) although the hospital may act lawfully in detaining such a patient under s6(3) (if the application appeared to be duly made) that does not prevent the detention being held to be unlawful from the outset as against the local authority; (3) an application for detention that is made contrary to s11(4) (in the face of the Nearest Relative's objection) is in breach of Article 5(1); (4) Article 5(5) entitles a person detained in breach of Article 5(1) to compensation, and s139(1) (no liability unless bad faith or lack of reasonable care) can be read down so as to allow such a claim to proceed; (5) the word 'practicable' in s12(2) (requiring a recommendation from a doctor with previous acquaintance of the patient if practicable) should be ..→2011-01-142011 cases, Consulting NR, Detailed summary, ICLR summary, Miscellaneous, Transcript, Unlawful detention cases
TTM v LB Hackney [2010] EWHC 1349 (Admin) — (1) There was a division of opinion in the treating team so it was considered ‘impracticable’ to obtain two medical recommendations from doctors with previous acquaintance of the patient: this was lawful as a reasonable and proper exercise of judgment of what was in the patient’s best interests. (2) The hospital were entitled to rely on the s6(3) protection (that any application which appears to be duly made etc may be acted upon without further proof) because the managers were entitled to rely on the AMHP’s confirmation that there had been no objection from the NR and because there had been no breach of s12(2). (3) As an AMHP is treated as acting on behalf of the LSSA the relevant council is vicariously liable for any lack of care or bad faith on the part of an AMHP: the council was therefore the correct defendant. (4) The proposed claim was based on the AMHP’s mistaken belief that the NR had not objected. A duty of care existed but there was no reasonable prospect of ..→2010-06-122010 cases, Consulting NR, Detailed summary, Miscellaneous, Transcript
Re D (mental patient: nearest relative) (1999) MHLR 181 — The approach to whether a relative “cares for” a patient so as to become their nearest relative by reason of s26(4) Mental Health Act 1983 involves the provision of more than minimal care services; the social worker’s decision as to who “appears to be” the nearest relative for the purposes of consultation under s11(4) of the Act has to involve an acceptable approach to the question of who is the nearest relative but did not require the making of enquiries (unless it would be irrational not to make enquiries). [MHLR.] 2010-02-261999 cases, Brief summary, Consulting NR, MHLR summary, No transcript
CV v South London and Maudsley NHS Foundation Trust [2010] EWHC 742 (Admin) — (1) In cases involving consultation under s11(4), the AMHP is to be judged according to the circumstances as they appear to her at the time. (2) Given that the AMHP believed (albeit wrongly) that 7 hours remained of the s5(2) detention, the decision not to consult the nearest relative on the ground that it "would involve unreasonable delay" was unlawful. (3) It was inappropriate for the AMHP to assume, based on a previous consultation, that the NR would not object. (4) Subsequent rectification under s15(1) could not be relied upon in the circumstances of this case 2010-02-092010 cases, Consulting NR, Detailed summary, Transcript
R (WC) v South London and Maudsley NHS Trust [2001] EWHC 1025 (Admin) — Unsuccessful challenge to lawfulness of detention (consultation with nearest relative). [Summary required.] 2009-10-302001 cases, Consulting NR, No summary, Transcript
R (C) v South London and Maudsley NHS Trust [2001] EWHC Admin 1025 — Identification of nearest relative in s11(4) is a subjective test - "who appears to him to be the nearest relative" - and the court will not interfere unless the social worker failed to apply the test in section 26 or acted with bad faith, or in some way reached a conclusion that was plainly wrong. Permission to apply for judicial review refused. 2009-04-192001 cases, Brief summary, Consulting NR, Permission hearings, Transcript
Re GM (Section 3 of the Mental Health Act 1983) [2000] EWHC 642 (Admin) — Habeas corpus - no breach by ASW of s11(4) (consultation with NR) or s13(2) (interview with patient). 2009-04-122000 cases, Consulting NR, Miscellaneous, No summary, Transcript
D v Barnet Healthcare Trust [2000] EWCA Civ 3027 — Identification of correct nearest relative, and extent of duty of ASW; meaning of "cares for". 2009-04-112000 cases, Consulting NR, No summary, Transcript
Re Whitbread (No 1) (Habeas Corpus: Compulsory Admission) [1997] EWHC Admin 102 — The ASW's [now AMHP's] consultation with the nearest relative under s11(4) can take place before a full assessment of the patient for the purposes of s3 has taken place, including before the two necessary medical recommendations have been obtained; the Act allowed for a flexible approach. 2009-03-151997 cases, Brief summary, Consulting NR, Transcript
Re Whitbread (No 1) (Habeas Corpus: Compulsory Admission) [1997] EWCA Civ 1944 — The ASW's [now AMHP's] consultation with the nearest relative under s11(4) can take place before his interview with the patient; the Act allowed for a flexible approach. Provided that the social worker explains to the NR that he is considering making an application and why, the NR will be afforded the necessary opportunity for objecting to the application. 2009-03-151997 cases, Brief summary, Consulting NR, Transcript
M v East London NHS Foundation Trust CO/1065/2009 — The nearest relative's statement to the AMHP that he disagreed with detention under s3 was sufficient to amount to the notification of an objection under s11; it was unaffected, in the absence of any clear evidence of a change of mind, by the failure to state an objection in a subsequent conversation immediately prior to the making of the application. 2009-02-152009 cases, Brief summary, Consulting NR, Transcript
GD v Hospital Managers of Edgware Community Hospital [2008] EWHC 3572 (Admin) — Habeas corpus - inadequate consultation of nearest relative prior to detention under section 3. 2008-09-162008 cases, Brief summary, Consulting NR, Transcript
BB v Cygnet Health Care [2008] EWHC 1259 (Admin) — Inadequate consultation with nearest relative. 2008-09-132008 cases, Brief summary, Consulting NR, Transcript
Re Julie John (habeas corpus) [1998] EWHC Admin 472 — Challenge to the use of s2 in an apparent attempt to get round the requirement for consultation before s3. Application dismissed as judicial review was the appropriate form of proceedings. 2007-02-071998 cases, Brief summary, Consulting NR, Transcript
Re Briscoe (habeas corpus) [1998] EWHC Admin 771 — "The essence of consultation is the communication of a genuine invitation to give advice and genuine consideration of that advice." Merely informing the NR of s3 admission would not suffice for the purposes of s11(4). 2007-02-071998 cases, Brief summary, Consulting NR, Transcript
R (E) v Bristol City Council [2005] EWHC 74 (Admin) — Section 11 and practicability of informing NR. 2007-02-072005 cases, Consulting NR, No summary, Transcript