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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(34 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 1661 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 2015 cases:

Page and summaryDate added to siteCategories
W City Council v Mrs L (2015) EWCOP 20, (2015) MHLO 35 — "This hearing concerns a 93-year old lady with a diagnosis of severe dementia, Alzheimer's disease. She lives in her own home, with care and safety arrangements set up for her between her adult daughters and the Local Authority. This simple scenario raises the following issues: (a) whether the care arrangements for the lady (Mrs L) constitute a deprivation of her liberty; (b) if so, then whether the State is responsible for such deprivation of liberty; and (c) if so, then whether such deprivation of liberty should be authorised by the court and what the arrangements for continuing authorisation should be." 2015-04-162015 cases, Deprivation of liberty, No summary, Transcript
NM v Kent County Council (2015) UKUT 125 (AAC), (2015) MHLO 34 — NM was subject to both guardianship and a DOLS authorisation. His residence at a particular home was enforced and he was escorted while on leave. The First-tier tribunal decided that he "had the capacity to decide where to live but not the capacity to decide on the supervision that was required to keep him and any child he came into contact with safe", and that he would not remain in the home without being subject to the guardianship; it refused to discharge him. (1) An ideal set of reasons would identify the relevant legal differences between guardianship and DOLS and include findings of fact sufficient to show their significance to the legal criteria set out in s72(4). (2) Upper Tribunal Judge Jacobs accepted the council's position that the differences include: DOLS assumes that the person lacks capacity to make the relevant decisions in their best interests; DOLS cannot impose a requirement that the person reside at a particular address, whereas a guardian can; and DOLS ..→2015-04-102015 cases, Brief summary, Deprivation of liberty, Transcript, Upper Tribunal decisions
Re D (A Child: deprivation of liberty) (2015) EWHC 922 (Fam), (2015) MHLO 33 — "I am satisfied that the circumstances in which D is accommodated would amount to a deprivation of liberty but for his parents' consent to his placement there. I am satisfied that, on the particular facts of this case, the consent of D's parents to his placement at Hospital B, with all of the restrictions placed upon his life there, falls within the 'zone of parental responsibility'. In the exercise of their parental responsibility for D, I am satisfied they have and are able to consent to his placement. In the case of a young person under the age of 16, the court may, in the exercise of the inherent jurisdiction, authorise a deprivation of liberty." 2015-03-312015 cases, Deprivation of liberty, No summary, Transcript
R v Marshall (2015) EWCA Crim 474, (2015) MHLO 32 — "On 12th March 2014 in the Crown Court at Newcastle upon Tyne the appellant pleaded guilty to an offence of violent disorder, contrary to section 2(1) of the Public Order Act 1986. On 12th August 2014 he was made subject to a hospital order, pursuant to section 37 of the Mental Health Act 1983, and a Football Banning Order for six years. With the leave of the single judge he appeals against sentence on the ground that a suspended sentence of imprisonment should have been imposed, not a hospital order. ... Having reviewed the updated psychiatric report, we are satisfied that the conditions for a hospital order under section 37 continue to be met, and it remains the most suitable disposal." 2015-03-312015 cases, Hospital order cases, No summary, Transcript
Donna v Martin (2015) EWCOP 23, (2015) MHLO 31 — "This is an application under rule 89 of the Court of Protection Rules 2007 inviting me to reconsider an order I made on the papers on 27 November 2014. As this is a case in which there is a dispute as to who should act as a deputy, I am required ... to publish this judgment." 2015-03-292015 cases, Deputyship cases, No summary, Transcript
Re CJ: Public Guardian v MP (2015) EWCOP 21, (2015) MHLO 30 — "This is a reconsideration of a decision made on the papers on 4 November 2104 by District Judge S. E. Rogers, who made an order: (a) revoking the respondent's appointment as his partner's deputy for property and affairs; and (b) inviting a panel deputy to apply to be appointed as deputy in his place. ... I am absolutely certain that there has been no dishonest misappropriation of CJ's funds by MP, but that's not the point. ... To turn a blind eye to MP's wilful refusal to comply with his duties would erode and undermine the safeguarding work carried out by the OPG's supervision and compliance teams, which cannot possibly be in the public interest. It would also ride roughshod over the court's obligations under international human rights law to ensure that the protective measures it makes contain appropriate and effective safeguards to prevent abuse: United Nations Convention on the Rights of Persons with Disabilities, Article 12.4. ... Accordingly, I confirm District Judge Rogers' ..→2015-03-262015 cases, Deputyship cases, No summary, Transcript
Baker v Cambridgeshire and Peterborough NHSFT (2015) EWHC 609 (QB), (2015) MHLO 29 — "This action arises out of the tragic suicide of Philip Baker ... The claim is brought on behalf of his widow, Pauline Baker ... It is alleged that the treatment plan provided by Dr Kabacs on 29 September was inadequate and her decision on 26 October 2010 to discharge Mr Baker to the care of his general practitioner, caused him to take his own life." 2015-03-242015 cases, Miscellaneous, No summary, Transcript
Re ID (Revocation of LPA) (2015) EWCOP 19, (2015) MHLO 28 — "This is an application by the Public Guardian for the revocation of a Lasting Power of Attorney." 2015-03-242015 cases, LPA cases - all, LPA cases - other, No summary, Transcript
Re AW (2015) EWCOP 16, (2015) MHLO 27 — "These are competing applications by DB and DW to be appointed as AW's deputy for property and affairs." 2015-03-242015 cases, Deputyship cases, No summary, Transcript
BG v MHTS (2015) CSIH 18, (2015) MHLO 26 — "This is an appeal by JG’s son from a decision of the sheriff principal of Lothian and Borders refusing his appeal against a decision of the Mental Health Tribunal for Scotland. The decision of the MHTS which he had appealed against was a decision to make a compulsory treatment order in relation to his mother." 2015-03-242015 cases, No summary, Scottish cases, Transcript

The following are the 20 most recently-added cases with the exception of 2015 cases:

Page and summaryDate added to siteCategories
DD v Dudley and Walsall NHS Trust (2014) MHLO 145 (PI) — The Claimant's partner committed suicide while being detained under s2 Mental Health Act. The Claimant and the deceased were not married but had been cohabiting for a number of years. The deceased was also the Claimant's full time carer as a result of the spinal fusion surgery the Claimant had undergone some years previously. The deceased had a history of mental illness which was depressive in nature. At the time of his death his mental health had deteriorated significantly. While detained under the Mental Health Act, the deceased was initially assessed as not having capacity nor insight into his illness; he was also becoming aggressive and a risk to himself and others. However, an assessment by the duty doctor the following night did not indicate that the deceased was a self-harm risk, nor were there any known acts/plans since admission. Later that evening the deceased killed himself. The Trust carried out a Serious Untoward Incident investigation which highlighted a number of ..→2015-04-132014 cases, Brief summary, Miscellaneous, No transcript
Sekerani v SSHD (2014) UKAITUR DA/00301/2014, (2014) MHLO 144 — "The appellant had claimed asylum on the bases that he fears the ZANU PF in Zimbabwe which claim was rejected in 2003. The appellant no longer relies on his asylum claim but on his claim for humanitarian protection. The appellant claims he cannot return to Zimbabwe because of his mental health problems as he has been diagnosed as suffering from paranoid schizophrenia. He relies on a report from Dr Gillian Wainscott, a consultant psychiatrist dated 27 February 2014. The appellant claims that he has established a family and private life in the United Kingdom because he has a cousin in this country who has been helping him." 2015-03-242014 cases, No summary, Repatriation cases, Transcript
Re F (2004) EWHC 725 (Ch) — "This is an appeal from the refusal of Master Lush, the Master of the Court of Protection, to register an enduring power of attorney dated 10th July 2000 which was made by the donor (Mrs F) in favour of her son (Mr A). The Master upheld an objection to registration on grounds of the unsuitability of Mr A to be the donor's attorney, which was lodged by his sister (Mrs B)." 2015-03-242004 cases, EPA cases - all, EPA cases - other, No summary, Transcript
R v M (2014) EWCA Crim 1641, (2014) MHLO 143 — "The Advice on Appeal submitted on behalf of the applicant contains two grounds: first, that the judge was wrong in principle to make a s45A hospital and limitation direction when the conditions for making a restriction order under section 41 were not met; and second, that a section 37 order was the appropriate order. Those orders and directions refer to the provisions of the Mental Health Act 1983, as amended by the Mental Health Act 2007. The Registrar has also referred the making of the Victim Surcharge Order to the full court on two separate issues." 2015-02-122014 cases, Hybrid order cases, No summary, Transcript
Blankley v Central Manchester and Manchester Children's University Hospitals NHS Trust (2014) EWHC 168 (QB), (2014) MHLO 142 — "These costs appeals raise the question of whether, where a party loses mental capacity in the course of proceedings, such loss of capacity has the automatic and immediate effect of terminating their solicitor's retainer. The question is currently of particular importance for solicitors conducting personal injury claims pursuant to conditional fee agreements entered into before 1 April 2013, in respect of which success fees continue to recoverable from defendants ... If such an agreement is found to have terminated by reason of the supervening incapacity of the claimant ... it would not now be possible to replicate the effect of the original contractual arrangements between solicitor and client given that success fees are not generally recoverable in respect of agreement made on or after 1 April 2013 ... No matter how short the period of incapacity ... nor how quickly a deputy was appointed by the Court of Protection in respect of the claimant, the original CFA would be lost and could ..→2015-01-312014 cases, ICLR summary, No summary, Other capacity cases, Transcript
The Mental Health Trust v DD (2014) EWCOP 44, (2014) MHLO 141 — "I do not propose to give a detailed judgment in this case today in light of the large measure of agreement. However, I want to make some comments about the proposed draft order. ... In preparation for this four day hearing, in which I was to be considering questions of long-term contraception or sterilisation of DD, I have read with care ..." 2015-01-142014 cases, Best interests, No summary, Transcript
DD v SSHD (2014) EWHC 3820 (Admin), (2014) MHLO 140 — "Currently, the effects of the [Terrorism Prevention and Investigation Measure] in general, whatever the particular effects of certain restrictions, and the effects of the three most contentious conditions apart from the tag, plainly do not cross that high threshold so as to breach of Article 3. I reach that conclusion recognising that the maintenance of the TPIM and those conditions is significantly worse for DD than for a person who is in normal mental health, and that particular care is required in judging whether a mentally ill and vulnerable person is being treated with proper respect for the fact that he is a human being. The tag as described by Professor Fahy and Dr Deeley is undoubtedly the most severe requirement in its impact on DD, because of his paranoid ideation. DD's delusions about the tag being an explosive device and a camera are very frightening and distressing. He wants to remove it, as voices tell him to, yet knows this would continue with the cycle of breaching ..→2014-12-312014 cases, Miscellaneous, No summary, Transcript
Lazariu v Romania 31973/03 (2014) ECHR 1219, (2014) MHLO 139 — Detention in psychiatric hospital breached Article 5(1) and (4). 2014-12-312014 cases, Deprivation of liberty, ECHR, No summary, Transcript
Lucia Benyu (strike off) and Ronnie Benyu (section 43 order) (2014) MHLO 138 (SDT) — (1) In relation to Lucia Shingirai Benyu, née Ndoro, who at the material time practised as a sole practitioner under the style of Peters & Co Solicitors, the Solicitors Disciplinary Tribunal concluded that: "The First Respondent had admitted a lack of integrity and had had several allegations of dishonesty proved against her. The Tribunal had heard a litany of the most ruthless exploitation of an obviously vulnerable individual and had disbelieved much of what the First Respondent had to say whilst giving evidence on oath. In cases where dishonest misappropriation of client’s funds had been found then it was well-established that that would invariably lead to strike off. There were no circumstances put before the Tribunal that might lead it to mitigate that penalty. The First Respondent would be struck off the Roll of Solicitors. Indeed, the seriousness of her misconduct was such that this would have been the appropriate sanction even if she had not been found to be dishonest." ..→2014-12-312014 cases, Brief summary, SRA decisions, Transcript
AG's reference (no 91 of 2014) sub nom R v Joseph Williams (2014) MHLO 137 (CA) — The trial judge had imposed a sentence of 14 years' imprisonment, together with with a s45A hospital order and limitation direction, on an offender (W) who had pleaded guilty to attempted murder. Following an AG's reference the Court of Appeal held that: (1) The appropriate range was 17-25 years, the starting point was 20 years after a trial, and the judge was not at fault for reducing the sentence by six years given the unusual facts of the case that related to W's mental health. (2) It was not certain that the offence was motivated by antipathy to V's sexual orientation; it could equally have been the case that W did not want to share his flat with anyone. (3) As the judge considered that W's dangerousness was not confined to his mental illness, he should have passed an extended sentence to protect the public in the event that the criteria for the hospital order and restrictions were no longer satisfied, but the offender remained a risk to the public. (4) An extended period of ..→2014-12-312014 cases, Brief summary, Hybrid order cases, Sentence appeal cases, Transcript
Kicks v Leigh (2014) EWHC 3926 (Ch), (2014) MHLO 136 — "The Claimants claim that the transfer by Mrs Smith to the Defendant of the Proceeds should be set aside on either of two grounds, namely that: (1) Mrs Smith lacked the mental capacity to make such a gift or transfer; (2) The gift or transfer was procured by the Defendant's exercise of undue influence over Mrs Smith." 2014-12-312014 cases, No summary, Other capacity cases, Transcript
Hysaj v SSHD (2014) EWCA Civ 1633, (2014) MHLO 135 — In each of these three cases, which were heard together, the applicant failed to file a notice of appeal within the time prescribed by CPR 52.4(2), which made it necessary for him to seek an extension of time. The mental health case involved a nearest relative who had been awarded costs after displacement proceedings and who (nearly six years out of time) wished to appeal against the sum ordered by the judge. The Court of Appeal, having held that the guidance in the Mitchell and Denton cases applied to applications for extensions of time for filing a notice of appeal, dealt with some questions of general importance (public law cases, shortage of funds, litigants in person, the merits). In the mental health case, the extension of time was refused. 2014-12-312014 cases, Brief summary, ICLR summary, Miscellaneous, Transcript
Aster Healthcare Ltd v The Estate of Mohammed Shafi (2014) EWCA Civ 1350, (2014) MHLO 134 — This appeal by Aster Healthcare was unsuccessful. 2014-12-312014 cases, Community care, No summary, Other capacity cases, Transcript
Aster Healthcare Ltd v The Estate of Mohammed Shafi (2014) EWHC 77 (QB), (2014) MHLO 133 — "This is an appeal from the decision ... to grant summary judgment to the Claimant in a claim against the Estate of the late Mr Mohammed Shafi for outstanding care home fees. It raises interesting and important issues about the relationship between section 7 of the Mental Capacity Act 2005 and the provisions of Part III of the National Assistance Act 1948, Part III of the National Health Service and Community Care Act 1990, and related statutes, regulations and guidance that concern the obligations or powers of a local authority to provide residential accommodation and care services for persons who by reason of age, illness, disability or any other circumstances are in need of care and attention which is not otherwise available to them. ... The total amount claimed is £62,199.94. The key issue is who, if anyone, is legally liable for payment of fees to the Claimant? There are only two candidates; the Estate of the late Mr Shafi (represented by his wife), and Brent." 2014-12-312014 cases, Community care, ICLR summary, No summary, Other capacity cases, Transcript
R (Guntrip) v Parole Board (2014) EWHC 4180 (Admin), (2014) MHLO 132 — (1) When the prisoner was transferred to psychiatric hospital an unlawful and unfair decision was taken to cancel (rather than adjourn) a Parole Board hearing. (2) The delay of 12 months breached Article 5(4) and damages of £2,500 were awarded. 2014-12-312014 cases, Brief summary, Prison law, Transcript

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