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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:
  • To browse through categories and cases, click on the ▼ and ► symbols as appropriate.
  • To view summaries of all cases within a category, click on the category name.
  • To view a particular case, click on the case name (which will be listed under the relevant category).

Mental Health Law Online currently contains 1797 categorised cases. See also Settled cases and Forthcoming judgments.

If you have been involved in a case not listed here, or have a transcript that is not yet on Bailii, then please get in touch. See Help page for contact details.

Recently-added cases

The following are the most recently-added 2016 cases:

Page and summaryDate added to siteCategories
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
Jimoh Adun of Nieko Solicitors (SRA decision: control of practice) (2016) MHLO 23 — (1) The SRA decided on 15/7/15 (decision published 24/7/15) that Mr Adun's practising certificate for 2014/2015 would be subject to the following conditions: "(a) Mr Adun is not to be a recognised sole practitioner, manager or owner of any authorised body or authorised non-SRA firm; (b) Mr Adun shall immediately inform any actual or prospective employer and relevant authorised body's authorised signatory and/or organisation contact of these conditions and the reasons for their imposition." (2) Reasons: "Jimoh Adun is subject to Regulation 3 of the SRA Practising Regulations 2011. He was the sole manager and owner of the firm Nieko Solicitors, which was subject to an intervention decision dated 5 December 2014. The grounds for intervention were abandonment of practice and that the intervention was necessary to protect the interests of clients (former or potential) of Mr Adun. The SRA had been advised that he was being investigated by the Legal Aid Agency. His conduct is currently ..→2016-07-302016 cases, Brief summary, No transcript, SRA decisions
Re A (A Child) (2016) EWCA Civ 759, (2016) MHLO 22 — "This is an appeal against the making of a declaration by Mrs Justice Parker on 20 June 2016 whereby she declared that: 'It is lawful and in A's best interest to remove his respiratory support by extubating him and, if he becomes unstable, not to reintroduce his respiratory support again but instead generally to furnish such treatment by way of pain relief or sedation and nursing as may be appropriate to ensure that A suffers the least distress and pain at the time and in the manner of his dying.'" 2016-07-132016 cases, Best interests, No summary, Transcript
R v Orr (2016) EWCA Crim 889, (2016) MHLO 21 — "The appeal concerns the definition of 'fitness to plead' and the process engaged by the trial judge in the instant trial which proceeded after he found the defendant 'unfit to be cross examined'. ... Once the issue of fitness to plead has been raised it must be determined. In this case, the judge explicitly found that the appellant had been fit to participate in his trial up to the point of cross examination and thereby implicitly determined that the appellant was no longer able to fully participate in his trial within the 'Pritchard' refined criteria. In these circumstances, the procedure to be adopted was clearly set out by section Criminal Procedure (Insanity) Act 1964, 4A. We agree with the submission that this is a statutory mandatory requirement which cannot be avoided by the court's general discretion to order proceedings otherwise, however beneficial to the defendant they may appear. It follows that, in this case, the jury should not have been allowed to return a verdict, ..→2016-07-092016 cases, ICLR summary, No summary, Transcript, Unfitness and insanity cases
McDonald v McDonald (2016) UKSC 28, (2016) MHLO 20 — "This appeal raises three questions. The first is whether a court, when entertaining a claim for possession by a private sector owner against a residential occupier, should be required to consider the proportionality of evicting the occupier, in the light of section 6 of the Human Rights Act 1998 and article 8 of the European Convention on Human Rights. The second question is whether, if the answer to the first question is yes, the relevant legislation, in particular section 21(4) of the Housing Act 1988, can be read so as to comply with that conclusion. The third question is whether, if the answer to the first and second questions is yes, the trial judge would have been entitled to dismiss the claim for possession in this case, as he said he would have done. ... The appellant, Fiona McDonald, is aged 45 and, sadly, she has had psychiatric and behavioural problems since she was five. ... In those circumstances, her parents, who are technically the respondents to this appeal, ..→2016-06-202016 cases, Miscellaneous, No summary, Transcript
R v Ahmed (2016) EWCA Crim 670, (2016) MHLO 19 — "Saber Ahmed 31, was tried for murder in the Crown Court at Birmingham in 2006 before HHJ Matthews and a jury. On 3 August 2006 he was acquitted of murder and convicted of manslaughter on the grounds of diminished responsibility. On 20 October 2006 HHJ Matthews sentenced him to life imprisonment with a minimum term of 3 years and 6 months, less 462 days spent on remand. The judge recommended deportation. ... We are satisfied that in all the circumstances of this case it is appropriate to impose a hospital order with a restriction order. This is no reflection on the sentencing judge who passed the only sentence available to him on the evidence at the time. We quash the life sentence and we impose orders under Sections 37 and 41 of the Mental Health Act 1983, the latter without limit of time. To that extent the appeal is allowed." 2016-06-112016 cases, Life sentence cases, No summary, Transcript
Home Office (Central government) (2016) UKICO FS50618706, (2016) MHLO 18 — "The complainant has requested information about police powers under Section 136 of the Mental Health Act to detain mentally disordered persons found in public places. By the date of this notice the Home Office had not responded to the request. The Commissioner’s decision is that by failing to respond to the request, the Home Office breached sections 1(1) and 10(1) of the FOIA. The Commissioner requires the Home Office to take the following steps. to ensure compliance with the legislation: Issue a response to the request under the FOIA by either complying with section 1(1) or issuing a valid refusal notice. The Home Office must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court." The request was: "What qualifies a constable to take decisions regarding the mental health of ..→2016-05-262016 cases, Miscellaneous, No summary, Transcript
South Staffordshire and Shropshire Healthcare NHSFT v Hospital Managers of St George's Hospital (2016) EWHC 1196 (Admin), (2016) MHLO 17 — "This is an application for judicial review of a decision by an independent panel on 12 April 2016 to discharge the Interested Party, AU, from detention under the Mental Health Act 1983. It is brought by South Staffordshire and Shropshire Healthcare NHS Foundation Trust and Dr Whitworth (previously AU's responsible clinician). ... To put the case in general terms the claimants are concerned about the Panel's decision to discharge AU in the light of the views of the clinical team and also a decision of the First Tier Tribunal ... which decided on 10 March 2016 not to discharge him from detention. ... The judicial review raises an important point of principle as to the capacity of a body to seek judicial review of a decision which it could have made itself. In broad terms the Trust appointed the Panel and under the 1983 Act it exercised delegated powers. Because AU raised this point in his grounds, Warby J joined Dr Whitworth as a second claimant to the action on 4 May 2016 on the basis ..→2016-05-222016 cases, Hospital managers hearings, ICLR summary, No summary, Transcript
Re Daniel X (2016) EWFC B31, (2016) MHLO 16 — "This is the final hearing of the care proceedings brought by Thurrock Borough Council in relation to Daniel X, a boy of 10. ... It is also the final hearing of the application by Thurrock Borough Council for me to authorise them to deprive Daniel of his liberty by accommodating him in Y Home. ... The outstanding issue is that of Daniel's liberty, and there is a great deal of consensus on this point too. However, it has been agreed at the bar that it would be helpful if I set out the position in law and how I consider the law applies to Daniel." 2016-05-132016 cases, Deprivation of liberty, No summary, Transcript
RP v Dudley and Walsall Mental Health Partnership NHS Trust (2016) UKUT 204 (AAC), (2016) MHLO 15 — Unsuccessful Article 8 challenge to conditions of discharge. 2016-05-092016 cases, Brief summary, Transcript, Upper Tribunal decisions

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

Page and summaryDate added to siteCategories
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
Re CMW: Public Guardian v AM (2015) EWCOP 86, (2015) MHLO 130 — "This is an application by the Public Guardian to revoke a Lasting Power of Attorney ('LPA') for property and affairs. ... I am satisfied that Carla lacks capacity to revoke the LPA herself. ... I am also satisfied that the respondent has behaved in a way that contravenes his authority and is not in the donor's best interests. He has broken virtually every rule in the book and, having exhausted his mother's funds in order to meet his "life's requirements at that time", he blithely expects the taxpayers of Surrey to pick up the tab to meet his mother's care needs now. I have no hesitation in revoking the LPA and directing the Public Guardian to cancel its registration. I shall make a separate order appointing Michael Stirton as Carla's deputy for property and affairs." 2015-12-222015 cases, LPA cases - all, LPA cases - other, No summary, Transcript

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