Fennell, Letts and Wilson, Mental Health Tribunals (Law Society 2013):
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Category:Permission hearings

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 (Pickering) v Ashworth Hospital Authority (2001) EWCA Civ 883 — Challenge to ward move and restriction of communication arguable so permission granted. 2009-10-302001 cases, Brief summary, Permission hearings, 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
C v South London and Maudsley Hospital NHS Trust (2001) EWHC 480 (Admin) — Unsuccessful application for permission to appeal against refusal of leave under s139 to bring proceedings. 2009-04-192001 cases, Miscellaneous, No summary, Permission hearings, 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
R (M) v Homerton University Hospital NHS Trust (2008) EWCA Civ 197 — The patient, whose s2 had been extended during s29 displacement proceedings, was detained under s3 following an interim displacement order but before any final determination. Detention under s2 and s3 could run concurrently in these circumstances and it was not arguable that the s3 detention was unlawful. No permission to apply for judicial review. 2008-10-312008 cases, Brief summary, Displacement, Permission hearings, Transcript
St Helens Borough Council v Manchester PCT, re PE (2008) EWCA Civ 931 — It was for the primary care trust acting on behalf of the Secretary of State for Health and not for the local authority to decide whether the care needs of a woman with dissociative identity disorder were primarily for health care or for care which a social services authority should provide. The trust was required to define in its decision the services which the social services authority was required to provide to the woman, whose mental and psychological conditions required constant and expensive care. It was not satisfactory for the two parties to resolve the issue by costly litigation, since the money for the care and the litigation all came from the public purse. 2008-10-102008 cases, Community care, Detailed summary, Permission hearings, Transcript
Re MB (2005) EWCA Civ 1293 — No permission to appeal (Part VII case) 2008-09-132005 cases, No summary, Permission hearings, Transcript
R (Wirral Health Authority v MHRT (2001) EWCA Civ 1572 — Permission to appeal granted 2008-09-132001 cases, No summary, Permission hearings, Transcript
R (J) MHRT North London and East Region (2001) EWCA Civ 1705 — Permission to appeal granted 2008-09-132001 cases, No summary, Permission hearings, Transcript
R (SSHD) v MHRT, re Grey (2002) EWCA Civ 1053 — Permission to appeal refused (unexplained delay) 2008-09-132002 cases, No summary, Permission hearings, Transcript
R (A) v Partnerships in Care Ltd (2002) EWHC 529 (Admin) — The decision of the private psychiatric hospital to change the focus of a ward was a decision "in relation to the exercise of a public function" and so susceptible to JR; the managers were a public authority for HRA purposes. Permission granted. 2007-02-072002 cases, Brief summary, Miscellaneous, Permission hearings, Transcript
R (P) v MHRT East Midlands and North East Region (2002) EWCA Civ 260 — Permission to appeal granted on the basis that onus of proof had arguably been placed on the patient; permission to argue that the definition of psychopathic disorder requires the current commission by the patient of either abnormally aggressive conduct or seriously irresponsible conduct. 2007-02-072002 cases, Brief summary, Miscellaneous, Permission hearings, Transcript