From Mental Health Law Online
Part V contents
65, 66, 67, 68, 68A, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79
I, II, III, IV, 4A, V, VI, VIII, IX, X, Schedules
Changes made by Mental Health Act 2007
Any cases with a hyperlink to this legislation will automatically be added here. There may be other relevant cases without a hyperlink, so please check the mental health case law page.
- R (Modaresi) v SSH (2011) EWCA Civ 1359 — The claimant's s2 Tribunal application was faxed to the MHA Administrator's office on New Year's Eve, within the 14-day eligibility period, but was not faxed from there to the Tribunal office until after the bank holiday weekend, by which time the 14-day period had expired; the Tribunal therefore rejected the application; the claimant was then placed under s3; the Secretary of State refused to make a s67 reference. (1) Where the Tribunal office is closed on the 14th day of the eligibility period, the period is extended to include the next day that it is open (this is the case even though a fax application can be made when the office is closed). (2) Since the application was made on time, the claim against the Trust (that their inadequate system breached Article 5(4)) was academic. (3) The Secretary of State's decision was not vitiated by being based on the mistaken belief that the application was out of time (as the position was unclear then); requiring the ..→
- R (Modaresi) v SSH (2011) EWHC 417 (Admin) — The claimant missed the 14-day deadline for submission of a s2 Tribunal application because of oversight/neglect on the part of Trust employees. Judicial review claims against the Tribunal (for deciding that the application was invalid), the Secretary of State for Health (for refusing to make a reference) and the Trust (for their actions) were all unsuccessful. [Caution.]
Requests for referral under section 67 of the 1983 Act should be sent to:
- Department of Health
- Mental Health Legislation
- Area 224 Wellington House
- 133-155 Waterloo Road
- London SE1 8UG
Dept of Health, 'Section 67 of the Mental Health Act' (v3, 13/4/11). The procedure for requesting a reference under s67(1)
References to tribunals by Secretary of State concerning Part II patients
67.—(1) The Secretary of State may, if he thinks fit, at any time refer to [the appropriate tribunal] the case of any patient who is liable to be detained or subject to guardianship [...] under Part II of this Act [or of any community patient].
(2) For the purpose of furnishing information for the purposes of a reference under subsection (1) above any registered medical practitioner [or approved clinician] authorised by or on behalf of the patient may, at any reasonable time, visit the patient and examine him in private and require the production of and inspect any records relating to the detention or treatment of the patient in any hospital [or to any after-care services provided for the patient under section 117 below].
(3) Section 32 above shall apply for the purposes of this section as it applies for the purposes of Part II of this Act.
- ↑ Transfer of Tribunal Functions Order 2008 wef 3/11/08
- ↑ 2.0 2.1 2.2 Mental Health Act 2007; s13, s32 & sch 3, s55 & sch 11; Mental Health Act 2007 (Commencement No.7 and Transitional Provisions) Order 2008 wef 3/11/08
- ↑ Mental Health (Patients in the Community) Act 1995