Mental health case law

Mental health case law(5 categories, 2 pages)
Case law - by jurisdiction(4 categories, 1 pages)
Case law - by subject matter(16 categories)
Case law - by summary type(6 categories)
Case law - by year(35 categories)
The mental health cases on this site are structured into categories and (where appropriate) sub-categories:
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Mental Health Law Online currently contains 1807 categorised cases. See also Settled cases and Forthcoming judgments.

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Recently-added cases

The following are the most recently-added 2016 cases:

Page and summaryDate added to siteCategories
Richards v Worcestershire County Council (2016) EWHC 1954 (Ch), (2016) MHLO 43 — "The present proceedings were issued on 6 March 2015. They seek to recover sums totalling £644,645.87, which, it is said, were spent by Mr Richards' deputy on his behalf on providing him with care. The claim is based on section 117 of the 1983 Act. It is Mr Richards' case that section 117 applied when he was released from hospital in 2004 and that, accordingly, the defendants had a duty to provide him with after-care services. He contends that that duty extended to the provision of the various services which have thus far been paid for privately. ... There are essentially two issues to consider: (i) Is it in principle possible for Mr Richards to bring a restitutionary claim? (ii) If so, can the present claim be pursued otherwise than by way of judicial review?" 2016-10-122016 cases, After-care, No summary, Transcript
V v Associated Newspapers Ltd (2016) EWCOP 29, (2016) MHLO 42 — "As the Applicant indicated might be the case she makes an application that part of her costs be paid by the Respondents on an indemnity basis. The application has been made and resisted on written submissions." 2016-10-092016 cases, COP costs cases, No summary, Transcript
V v Associated Newspapers Ltd (2016) EWCOP 21, (2016) MHLO 41 — "The application before me is for a reporting restrictions order that extends beyond the period of the reporting restrictions order granted at the first hearing for directions in the case and was not altered by Macdonald J. By its terms it ended on C's death." 2016-10-092016 cases, No summary, Reporting restriction order cases, Transcript
UCL Hospitals NHS Foundation Trust v G (2016) EWCOP 28, (2016) MHLO 40 — "This brief judgment concerns an application by the Applicant Health Trust for the variation of a reporting restriction order (RRO) made by Hogg J on 11 March 2016 in proceedings concerning the Respondent, Miss G. That order, which is expressed to last until one month after Miss G's death, prohibits her identification or the identification of members of her family, all of whom are adults, as being concerned in these proceedings. The Trust, supported by the family, now asks for the order to be extended indefinitely. That application is opposed by the Official Solicitor on behalf of Miss G and by the Press Association in submissions lodged on its behalf by Mr Dodd." 2016-10-092016 cases, No summary, Reporting restriction order cases, Transcript
M v Press Association (2016) EWCOP 34, (2016) MHLO 39 — "The hearing had taken place over four days in early November. On 2 November 2015 I made a reporting restriction order, prohibiting the identification of the first respondent and Mrs N in any press reporting 'during her lifetime'. I also decided that, for a period of seven days after her death, the injunction should continue. On 17 December 2015 the applicant, M, applied to vary the RRO to extend its duration until '14 days after the final judgment in the matter of V v Associated Newspapers Ltd' [2016] EWCOP 21. In that case, to which I will refer below, Charles J was considering the scope and ambit of such Reporting Restriction Orders following the death of P. On 13 January 2016 I varied the order in the terms applied for, no party sought to contest it. On 16 December 2015 Mrs N died. On 25 April 2016 Charles J delivered the judgment in V (supra) and on 4 May 2016 M applied to vary the RRO to extend the duration 'until further order of the court'." 2016-10-092016 cases, No summary, Reporting restriction order cases, Transcript
R (Lee-Hirons) v SSJ (2016) UKSC 46, (2016) MHLO 38 — "A man is convicted of an offence. Satisfied that he is suffering from mental disorder, the court makes an order for his detention in hospital. Satisfied that it is necessary for the protection of the public, the court also makes a restriction order, which removes from the hospital the power to discharge him. In due course a tribunal directs his discharge from hospital on conditions. Afterwards, however, the Secretary of State for Justice (“the Minister”) exercises his power to recall the man to hospital, where he is subject to renewed detention. This appeal is about the explanation for the recall which the law requires the Minister to provide to the man both at the time of his recall and soon afterwards." 2016-10-072016 cases, ICLR summary, Ministry of Justice, Transcript
Re FD (Inherent Jurisdiction: Power of Arrest) (2016) EWHC 2358 (Fam), (2016) MHLO 37 — "FD is an 18 year old young woman. In July 2016 a local authority issued proceedings seeking an injunction under the inherent jurisdiction of the High Court to prevent AD (her father) and GH (a male friend) from having contact with FD and from going to her home. So far as concerns the application for an injunction against GH, the local authority also seeks a power of arrest. The issue before the court is whether a power of arrest may be attached to an injunction granted by the High Court under its inherent jurisdiction in the case of a vulnerable adult who has capacity." 2016-10-012016 cases, Inherent jurisdiction cases, No summary, Transcript
Staffordshire County Council v SRK (2016) EWCOP 27, (2016) MHLO 36 — "This case concerns an individual SRK who was severely injured in a road traffic accident. The effects of those injuries are that (a) he lacks capacity to make decisions on the regime of care, treatment and support that he should receive (SRK's care regime), and (b) applying the approach in Cheshire West (see Surrey County Council v P and others; Cheshire West and Chester Council v P and another [2014] UKSC 19, [2014] AC 896), SRK's care regime creates, on an objective assessment, a deprivation of liberty. SRK was awarded substantial damages that were paid to his property and affairs deputy (the third Respondent IMTC). He lives at a property that has been bought and adapted for him. His regime of care and support there is provided by private sector providers. The damages funded that purchase and adaptation and fund that regime of care. The issue is whether this situation on the ground is a deprivation of liberty that has to be authorised by the Court of Protection (the COP) by it ..→2016-09-252016 cases, Deprivation of liberty, ICLR summary, Transcript
Re W (Medical Treatment: Anorexia) (2016) EWCOP 13, (2016) MHLO 35 — "In this case, Miss W, a young woman aged 28, has suffered from a severe and enduring eating disorder for 20 years, with physical, social and psychological consequences of the kind described above. In this judgment I will call her W. Since the age of 11, she has had six admissions for inpatient treatment, spread between five units around the country and amounting to about 10 years in total. Her current admission has lasted for 2½ years and yet, despite the most intensive support, she is barely eating and is losing weight at the rate of 500 g – 1 kg per week. She now weighs less than 30 kg and her BMI is 12.6. If she continues to lose weight at this rate, she will die. ... The outcome is that, accepting the unanimous professional view, I approve the plan of the Health Board. This is that W should now be discharged into the community with a closely thought-out package of support for her and her family. Given W's fragile condition, it is a plan that has only been arrived at after the ..→2016-09-252016 cases, Medical treatment cases, No summary, Transcript
Re CS (Termination of Pregnancy) (2016) EWCOP 10, (2016) MHLO 34 — "This is an application by a Hospital Trust for orders in respect of a young woman, who I will refer to as CS, who is said to lack capacity and in respect of whom the Trust seeks an order that it would be in her best interests to undergo surgery terminating her current pregnancy. This hearing is being conducted in the Court of Protection in open court in accordance with the Rules but subject to a reporting restriction order which I made earlier this afternoon." 2016-08-312016 cases, Medical treatment cases, No summary, Transcript
Re Clarke (2016) EWCOP 11, (2016) MHLO 33 — "In 2012, I gave three judgments in this matter. ... A written application has now been made by Mr Michael Clarke on 3 September 2015 to vary the order of 9 October 2012 so as to allow the sale of Mrs Clarke’s Blackpool property. There has also been a request by Ms Angela Wilde and Mr Kevin Clarke for access to the property in order to inspect and maintain it, but no application has been issued, despite time being allowed. The application and request are both opposed." 2016-08-312016 cases, No summary, Other capacity cases, Transcript
The NHS Acute Trust v C (2016) EWCOP 17, (2016) MHLO 32 — "The applicant Trusts provide obstetric and psychiatric care and services to the respondent, C. They have made applications for an order (i) in the Court of Protection to permit the applicants to undertake various steps and measures in respect of C's forthcoming labour; and (ii) a reporting restrictions order." 2016-08-312016 cases, Medical treatment cases, No summary, Transcript
Re JM (2016) EWCOP 15, (2016) MHLO 31 — "These five cases are examples of cases in which the procedure to be adopted by the Court of Protection (COP) was left open in my judgment in Re NRA (2015) EWCOP 59, (2015) MHLO 66. That judgment contains the references to the decision of the Supreme Court in Cheshire West and Chester Council v P (2014) UKSC 19, (2014) MHLO 16 and of the President and the Court of Appeal in Re X (Court of Protection Practice) (2015) EWCA Civ 599, (2015) MHLO 44, which are the essential background to NRA. In short, the five cases were chosen as cases in which it was thought that there was no family member or friend who could be appointed as a Rule 3A representative. That is no longer the position in VE and my reference to the test cases in this judgment are to the remaining four." 2016-08-312016 cases, Deprivation of liberty, ICLR summary, No summary, Transcript
Re RP (2016) EWCOP 1, (2016) MHLO 30 — "This is a dispute about the appointment of a deputy for property and affairs ..." 2016-08-292016 cases, Deputyship cases, No summary, Transcript
Re A: C v D (2016) EWCOP 3, (2016) MHLO 29 — "This is a contested application for the appointment of a new deputy for property and affairs and a new trustee." 2016-08-292016 cases, Deputyship cases, No summary, Transcript
PJV v Assistant Director Adult Social Care Newcastle City Council (2016) EWCOP 7, (2016) MHLO 28 — "I am pleased record that the parties addressed these points [(i) the imposition of a term in a trust directed to the risk that a perpetrator would benefit from the award, (ii) the terms of the appointment of a deputy, (iii) the declaratory relief granted and the discharge of the Deputy, and (iv) the Peters undertaking and a restriction on the powers of the trustees]. I attach in Parts 1 and 2 of the Schedule hereto (i) the wording for the appointment of a deputy that was agreed, and (ii) the terms of the trust that were agreed (anonymised save for the identity of the original trustee). I also record that, as the appointment of the deputy was discharged, it was agreed that there was no need for a Peters undertaking. It seems to me that the agreed wording for the appointment of a deputy should be a useful precedent or starting point in other cases." (CICA case.) 2016-08-292016 cases, No summary, Other capacity cases, Transcript
WBC v Z (2016) EWCOP 4, (2016) MHLO 27 — "The central issue which arises in this case is whether risks taken by a 20-year old young woman with autism represent 'unwise' decision-making, or evidence her lack of capacity." 2016-08-292016 cases, No summary, Other capacity cases, Transcript
North Yorkshire County Council v MAG (2016) EWCOP 5, (2016) MHLO 26 — "I have had little difficulty in reaching the conclusion that the applications for permission should be granted and the appeals allowed. ... This appears to be a case in which DJ Glentworth uncharacteristically appears to have allowed her understandable concern about MAG's living circumstances, and her palpable frustration at what she saw as NYCC's tardiness in resolving his accommodation issues, to distract her from following a clear path to outcome. The result is one which I consider is unsupportable, and wrong. Picking six key themes from the arguments, I divide my discussion of the judgment into the following sub-headings: (i) Did the judge ask herself the correct question(s)? (ii) The effect of Re MN on these facts; (iii) Has there has been a breach of Article 5? (iv) Taking a decision which MAG could not take for himself; (v) No alternative option; impermissible pressure; (vi) The factual findings." 2016-08-292016 cases, Deprivation of liberty, No summary, Transcript
Al-Jeffery v Al-Jeffery (Vulnerable adult, British citizen) (2016) EWHC 2151 (Fam), (2016) MHLO 25 — "There are two applications before the court. One asks the court to make a statutory forced marriage protection order. The other asks the court to make orders, including mandatory orders, in the exercise of the inherent jurisdiction of the High Court to make orders protective of vulnerable adults. ... She now claims that she is being seriously ill-treated by her father and being kept under constraint by him in his flat; and that she is being prevented by him from leaving Saudi Arabia and travelling to Wales or England, which she wishes to do, and is, in the eyes of the law of Wales and England, fully entitled freely to do. ... The father, against whom I [am] asked to make an order, is not a British citizen and owes no allegiance to our Sovereign or this state. Neither of them are present here. Neither of them have lived here for several years. Both of them are citizens of Saudi Arabia and both of them currently live there. There have, indeed, already been recent legal proceedings ..→2016-08-272016 cases, Capacity to consent to sexual relations, Inherent jurisdiction cases, No summary, Transcript
Poole v Everall (2016) EWHC 2126 (Ch), (2016) MHLO 24 — "The claimants are David's brothers ... who had benefited under previous wills prepared with the assistance of the Deputy, including one made on 29 February 2012 of which they seek proof in solemn form, but receive nothing in the December will. They allege that that will was not duly executed, that David lacked testamentary capacity and/or did not know and approve of its contents, and/or that its execution was procured by undue influence on Mr. Everall's part." 2016-08-202016 cases, No summary, Testamentary capacity cases, Transcript

The following are the 10 most recently-added cases with the exception of 2016 cases:

Page and summaryDate added to siteCategories
Miles v The Public Guardian (2015) EWHC 2960 (Ch), (2015) MHLO 139 — "I have before me two appeals from decisions of Senior Judge Lush sitting in the Court of Protection, one in a case called Re Miles and one in a case called Re Beattie in both of which he was concerned with lasting powers of attorney either for property and financial affairs or for health and welfare matters. In each case the former power of attorney had been drafted by the same solicitor and contained provisions which the Judge was asked to rule on, as to whether they were effective." 2016-10-072015 cases, LPA cases - all, LPA cases - other, No summary, Transcript
PJV v Assistant Director Adult Social Care Newcastle City Council (2015) EWCOP 87, (2015) MHLO 138 — "The appeal before me ... relates to the part, if any, that the Court of Protection must play in the finalisation of an award of compensation under the relevant scheme that the Second Respondent (CICA) has decided and the applicant has agreed is to be held on trust." 2016-08-292015 cases, ICLR summary, No summary, Other capacity cases, Transcript
Lucia Benyu v Solicitors Regulation Authority (2015) EWHC 4085 (Admin), (2015) MHLO 137 — "This is the adjourned hearing of the Appellant's appeal brought pursuant to section 49 of the Solicitors Act 1974 against the order of the Solicitors Disciplinary Tribunal ('SDT') dated 3/10/14, striking the Appellant off the Roll of Solicitors and ordering her to pay costs in the sum of £48,000. The decision followed a full three day hearing at which the Appellant was represented by experienced counsel, although she has indicated that she has now made a complaint against that counsel. The SDT found the Appellant to have been dishonest to the criminal standard. But it went on to say that the seriousness of her misconduct was such that it would have struck her off even if it had not made such a finding. ... The Appellant acted in person at the substantive appeal hearing. She has not attended for the hand down of this judgment, although she is fully on notice of it. She invites the court to the set aside the SDT's order; or, alternatively, to strike her off with no dishonesty ..→2016-08-272015 cases, Missing from Bailii, No summary, SRA decisions, Transcript
Public Law Project v Lord Chancellor (2015) EWCA Civ 1193, (2015) MHLO 136 — The proposed Legal Aid residence test was lawful (the High Court had been wrong to decide it to be ultra vires and unjustifiably discriminatory). The proposed test is described as follows in the judgment: "To satisfy the residence test, an individual would have to be lawfully resident in the UK, the Channel Islands, Isle of Man or a British Overseas Territory on the day the application for civil legal services was made, and (unless they were under 12 months old or a particular kind of asylum claimant or involved with the UK Armed Forces) have been so lawfully resident for a 12 month period at some time in the past (excluding absences of up to 30 days). There were proposed exceptions to the test. Claimants pursuing certain types of proceedings were not required to satisfy the test (for example, domestic violence cases, and challenges to the lawfulness of detention). In any event, regardless of residence, a claimant who failed the residence test would have been entitled to apply for ..→2016-02-212015 cases, ICLR summary, Miscellaneous, Transcript
A Local Authority v M (2015) EWCOP 69, (2015) MHLO 135 — This judgment dealt with various issues including deputyship, deprivation of liberty, and disclosure. 2016-02-082015 cases, Deprivation of liberty, Deputyship cases, No summary, Transcript
Re M (Costs): A Local Authority v M (2015) EWCOP 45, (2015) MHLO 134 — Court of Protection costs judgment. 2016-02-082015 cases, COP costs cases, No summary, Transcript
R v Fletcher (2015) EWCA Crim 2007, (2015) MHLO 133 — The appellant unsuccessfully sought a restricted hospital order in place of an IPP sentence. 2016-01-282015 cases, Brief summary, Missing from Bailii, Sentence appeal cases, Transcript
WH v Partnerships in Care (2015) UKUT 695 (AAC), (2015) MHLO 132 — The tribunal, having decided that the appropriate treatment test in s72(1)(b)(iia) was met, refused to discharge a patient who had a diagnosis of dissocial personality disorder. (1) The Upper Tribunal allowed the appeal on the following grounds: (a) The appropriate treatment test relates only to the treatment that a patient is receiving at the detaining hospital, so the tribunal erred in law by considering the test met because treatment was available elsewhere. (b) The tribunal also erred in law by providing inadequate reasons: (i) the reasons were not set out by reference to the relevant criteria; (ii) the tribunal failed to address any of the solicitor's submissions about appropriate treatment; (iii) it was unclear what evidence was accepted or rejected, and why; (iv) the tribunal made findings which were wholly unsupported by the evidence. (2) The Upper Tribunal also stated that: (a) The tribunal is required to evaluate the evidence and reach its own conclusions, so was not ..→2016-01-032015 cases, Brief summary, Transcript, Upper Tribunal decisions
Somerset v MK (2015) EWCOP B1, (2015) MHLO 131 — "In the light of all of this it seems to me that this is plainly a case where the usual order for costs should be departed from to the extent that the Local Authority should pay the costs of all of the other parties involved. The other matter that I should deal with is whether those payments should be on an indemnity basis. ... I am very conscious of the impact of such an order. However, in that same case of G v E (2010) EWHC 3385 (Fam) Mr Justice Baker considered that the local authority's conduct amounted to 'a significant degree of unreasonableness' giving rise to a liability for costs on an indemnity basis. If one reads my judgment in full it is clear that that there was in this case as well a significant degree of unreasonableness both in the Local Authority's approach to the substantive and procedural issues in the case. In those circumstances it seems to me that the argument for indemnity costs is an overwhelming one in this case and that is the order that I intend to make ..→2015-12-222015 cases, COP costs cases, No summary, Transcript
Somerset v MK (2014) EWCOP B25, (2014) MHLO 146 — "What I intend to do in it is to set out the history of the case and then of the litigation. Then I will deal with the factual issues upon which I have been asked by the local authority to make findings. I will then deal with the central issue in the case, that of where in her best interests should (P), the subject of this application, live. Next I will consider the conduct of the local authority and make findings on the issues as to whether P had been wrongly deprived of her liberty and, if she had, how long did that go on for; and finally what, if any, lessons can be learned from this case. ... These findings illustrate a blatant disregard of the process of the MCA and a failure to respect the rights of both P and her family under the ECHR. In fact it seems to me that it is worse than that, because here the workers on the ground did not just disregard the process of the MCA they did not know what the process was and no one higher up the structure seems to have advised them ..→2015-12-222014 cases, Best interests, Deprivation of liberty, No summary, Transcript

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