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

From Mental Health Law Online

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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
R (Hagan) v Anglia and Oxfordshire MHRT (1999) MHLR 204 — In relation to the powers as to classification and reclassification of categories of mental disorder that existed under the MHA 1983 before its amendment by the MHA 2007, the question to be asked as to the use of the power was whether the patient had a mental disorder in a particular category (even if it was in remission) not whether that mental disorder was such as to justify detention. Accordingly, a Tribunal was not required to reclassify a patient who had been detained on the basis of 2 forms of disorder as being detained only under 1 form when the other was in remission and would not justify detention. [MHLR.] 2010-02-261999 cases, Brief summary, MHLR summary, No transcript, Other classification cases
R (B) v Ashworth Hospital Authority (2002) EWHC 1442 (Admin) — A patient could be treated for any form of mental disorder, not just a disorder within the classification under which he was detained. 2009-10-302002 cases, Brief summary, Other classification cases, Transcript
R (Wey) v Pathfinder NHS Trust (1999) EWHC Admin 672 — When the Tribunal has decided on classification, the RMO cannot subsequently reclassify unless there is some change in circumstance of a significant kind which would enable a tribunal to take a different view if the matter were referred to them again. The remedy to the doctor and to the Trust would instead be to apply for judicial review of the decision of the Tribunal 2007-02-061999 cases, Brief summary, MHLR summary, Other classification cases, Re-sectioning after hearing, Transcript
R (Hagan) v Anglia and Oxfordshire MHRT (1998) EWHC Admin 1113 — Tribunal found that patient suffered from detainable PD but non-detainable MI; however, they refused to reclassify. Decision not to reclassify quashed, and the matter remitted to Tribunal with a direction that they reach the proper decision. [Caution.] 2007-02-061998 cases, Brief summary, Other classification cases, Transcript
R (AL) v SSHD (2004) EWHC 1025 (Admin) — Can be recalled for a mental disorder of any classification 2007-02-062004 cases, Brief summary, Other classification cases, Transcript
R (B) v Ashworth Hospital Authority (2003) EWCA Civ 547 — Cannot treat for non-classified disorders. (Overturned on appeal.) 2007-02-062003 cases, Brief summary, Other classification cases, Transcript
R (SC) v MHRT (2005) EWHC 17 (Admin) — (1) In deciding not to discharge, Tribunal can consider disorders other than the those from which the patient is classified as suffering. (2) Section 75 is compatible with ECHR even though it includes no express criteria for consideration. 2006-04-132005 cases, Brief summary, Other classification cases, Reasons, Transcript
R (AL) v SSHD (2005) EWCA Civ 2 — The Secretary of State's powers to continue the recall of a patient who had originally been detained following an acquittal of murder on grounds of insanity and pursuant to s 5(1)(a) of the 1964 Act, but was recalled pursuant to s 42(3) of the 1983 Act, differed from such powers as were granted under s 37 of the 1983 Act. 2006-04-132005 cases, Detailed summary, ICLR summary, Other classification cases, Transcript
R (B) v Ashworth Hospital Authority (2005) UKHL 20 — A patient detained for treatment under the Mental Health Act 1983 could be treated compulsorily under s 63 of that Act for any disorder from which he suffered, and not only for the particular form of disorder from which he was classified as suffering under the application or order which authorised his detention. 2006-04-122005 cases, Detailed summary, ICLR summary, Other classification cases, Transcript