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Mental health case law

From Mental Health Law Online

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[] 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(33 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 1588 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 2014 cases:

Page and summaryDate added to siteCategories
Re PC: Public Guardian v AC (2014) EWCOP 41, (2014) MHLO 109 — "This is an application by the Public Guardian for the court to revoke a Lasting Power of Attorney ('LPA') for property and financial affairs and to direct him to cancel its registration." 2014-11-062014 cases, LPA cases - all, LPA cases - other, No summary, Transcript
Re PMB (2014) EWCOP 42, (2014) MHLO 108 — "This is a dispute amongst siblings over the appointment of a deputy to manage their mother's financial affairs." 2014-11-062014 cases, Deputyship cases, No summary, Transcript
NL v Hampshire CC (2014) UKUT 475 (AAC), (2014) MHLO 107 — The patient was deprived of his liberty and appealed against the tribunal's refusal to exercise its discretion to discharge him from guardianship. (1) Upper Tribunal Judge Jacobs stated that the cause of deprivation of liberty was the care plan, not the guardianship, adding in relation to guardianship powers generally: "I find it difficult to imagine a case that could realistically arise in which those basic powers could be used in a way that would satisfy the conditions for deprivation of liberty." (2) He dismissed the appeal on the ground that the guardianship did not give rise to a deprivation of liberty and the tribunal was not obliged to exercise its discretion to discharge the patient. (3) The approach to discretionary discharge in the GA case (relating to CTOs) was equally relevant to guardianship or detention: "it is difficult to imagine a case in which the tribunal could properly exercise its discretion to discharge without there being appropriate safeguards to ensure the ..→2014-11-042014 cases, Deprivation of liberty, Detailed summary, Powers, Transcript, Upper Tribunal decisions
Derbyshire County Council v Kathleen Danby (2014) MHLO 106 (COP) — "Today was listed to give Mrs Danby the opportunity of persuading me that the sentence I imposed in April was wrong, that I should reduce it, mitigate it or even quash it, and she has failed to avail herself of that opportunity. So, in the circumstances, I have no alternative other than to leave the sentence outstanding, together with the warrant of arrest. If Mrs Danby is arrested pursuant to that warrant she can apply to purge her contempt and I will see her as soon as is possible to look at the matter." 2014-11-042014 cases, No summary, Other capacity cases, Transcript
Public Guardian v Miles (2014) EWCOP 40, (2014) MHLO 105 — "This is an application by the Public Guardian for the court to determine the validity of a provision in a Lasting Power of Attorney... The question I am required to answer is whether the donor of an LPA can appoint more than one attorney to act jointly with survivorship by expressly re-appointing the continuing attorney or attorneys." 2014-11-042014 cases, LPA cases - all, LPA cases - other, No summary, Transcript
R (Worcestershire CC) v Essex CC (2014) EWHC 3557 (Admin), (2014) MHLO 104 — "I do not however read these passages as deciding that a person cannot acquire residence in a place unless he does so voluntarily. Still less do they decide that residence may only be acquired as a result of a decision made by a person with capacity, or lawfully on his behalf by someone else. ... The context and purpose of s117 point in my judgment to an interpretation that is as straightforward as possible, the residence of a person being prima facie the place in which he was in fact living eating and sleeping immediately prior to his detention. There may be reasons to conclude that he has not lost an established residence elsewhere, for example because of imprisonment or because he is only temporarily away from that residence on holiday, but if he has no such other place, and in the absence of some other special factor, his actual place of abode is his residence. This would be so whether he is there voluntarily or involuntarily, and whether any lack of voluntariness is caused by ..→2014-11-032014 cases, After-care, Brief summary, Transcript
R (Wiltshire Council) v Hertfordshire CC (2014) EWCA Civ 712, (2014) MHLO 103 — The patient had been placed under a hospital order when he was resident in Wiltshire. He was conditionally discharged with a condition to reside in Hertfordshire. He had no wish to return to Wiltshire, but the Court of Appeal decided that the residence condition meant his place of residence was not voluntary, and decided that he was still 'resident' in Wiltshire. 2014-11-032014 cases, After-care, Brief summary, ICLR summary, Transcript
K v Hospital Managers of the Kingswood Centre (2014) EWCA Civ 1332, (2014) MHLO 102 — A nearest relative sent an order for discharge to the hospital's fax machine. She had not used one of the three prescribed methods of service (delivery to an authorised officer; pre-paid post; or, with the managers' agreement, internal mail) so the 72-hour period began to run when the part-time MHA Administrator considered it on her return to work four days later. 2014-11-022014 cases, ICLR summary, No summary, Other NR cases, Transcript
K v Hospital Managers of the Kingswood Centre (2014) EWHC 2271 (Admin), (2014) MHLO 101 — Service of nearest relative's order for discharge of s3 patient. 2014-11-022014 cases, Missing from Bailii, No summary, Other NR cases, Transcript
BIM v MD (2014) EWCOP 39, (2014) MHLO 100 — Dispute over who should act as property and affairs deputy. 2014-10-302014 cases, No summary, Other capacity cases, Transcript

The following are the 20 most recently-added cases with the exception of 2014 cases:

Page and summaryDate added to siteCategories
LBX v K, L and M (2012) EWHC 439 (Fam), (2012) MHLO 185 — "The central issue that I have to determine is whether it is in L’s best interests that he should remain in supported living accommodation or return home. He has been living in supported accommodation called the J placement, on a trial basis, since 24th August 2011. The LBX submit that L should remain in supported living accommodation; this is supported by the OS on behalf of L and by M. K contends that L should return to live with him as this accords with his wishes or his wishes are difficult to determine and all the stated benefits that are relied on to support the decision for L to live in supported living accommodation can be achieved by L living at home, with all the additional benefits that living within the family brings L." 2014-11-082012 cases, Missing from Bailii, No summary, Other capacity cases, Transcript
LBX v K, L and M (2011) EWHC 2419 (Fam) — "The issues to be determined at this hearing are: (i) whether it is in L’s best interest to move to supported living accommodation on a trial basis; (ii) whether the hearing listed in September 2011 is required and, (iii) any further directions." 2014-11-082011 cases, Missing from Bailii, No summary, Other capacity cases, Transcript
LBX v K, L and M (2010) EWHC 2422 (COP) — A summary will be added when the judgment has been located. 2014-11-082010 cases, Missing from Bailii, No summary, No transcript, Other capacity cases
MAP v RAP (2013) EWHC 4784 (Fam), (2013) MHLO 151 — A 'consent order' was challenged under the Family Procedure Rules. (1) Under the FPR, where the ground of attack against an order is that there was no true consent, either because it had been withdrawn (which was said to be the case here) or because one of the parties purportedly giving consent was incapacitated, instead of an appeal (which had been made here) an application for revocation should be made to the court which made the order. (2) A consent order made by a party who is in fact incapacitated (even if this is unknown to everybody including the court) is not valid and should be set aside. (3) The principal claims (that the appellant withdrew consent, and that she lacked capacity) were arguable but should properly be tried at first instance. 2014-08-242013 cases, Brief summary, Other capacity cases, Transcript
Re MM (2013) MHLO 150 (UT) — (1) The tribunal did not misdirect itself by applying the s2 criteria to a s3 case. (2) However, the tribunal's reasoning was inadequate. The tribunal stated that all the evidence was to the effect that MM's mental disorder 'warrants his treatment in hospital' (this is language from the s2 criteria), but it was only (part of) the medical evidence in which there was any confusion as to the criteria. The findings of fact (that the condition was chronic and relapsing etc) did not show that the mental disorder warranted detention (or made it appropriate). The only finding that could support the tribunal's decision was the medical evidence, which was affected by reference to the wrong legal test. In those circumstances the tribunal should have (a) shown that they had applied the correct criteria and not made the same mistake as the doctor, and (b) shown by precise findings of fact that the s3 criteria were satisfied. A blanket reference to a possibly-contaminated report did not ..→2014-08-172013 cases, Brief summary, Transcript, Upper Tribunal decisions
LBX v K, L and M (2013) EWHC 4170 (Fam), (2013) MHLO 149 — "In the judgment I handed down this morning I concluded that L has capacity in relation to decisions about where he should live, the care he receives and contact with his family. Having made that decision I then considered the question as to whether I should invoke the inherent jurisdiction as L was a vulnerable adult. ... I accept this is a difficult balance but, in this case, I am entirely satisfied that because of the vulnerability that this particular person has, and the very clear psychiatric evidence dating back to Dr. Halstead's report in 2007, endorsed by the various witnesses that gave evidence earlier this week, that he remains vulnerable to overwhelming emotional issues which could compromise his capacity. He needs to be able to retain his capacity in circumstances where he has emotional safety. That can only be where there is a proportionate structure in place that enables him to be able to maintain his capacity in a relatively calm environment, and free from the ..→2014-08-072013 cases, 39 Essex Street summary, Best interests, Transcript
LBX v K, L and M (2013) EWHC 3230 (Fam), (2013) MHLO 148 — "The preliminary issue, therefore, that I have to determine is whether there is an evidential foundation that L is more likely than not to have the potential to achieve mental capacity to make decisions regarding residence and contact, and some specific care related decisions. ... Having considered all the evidence and the submissions that have been made, I have reached the conclusion that there does need to be a further assessment as to L’s capacity." 2014-08-072013 cases, 39 Essex Street summary, Other capacity cases, Transcript
Re RGS (No 2) (2013) MHLO 147 (COP) — 'On 19 July 2013, by consent and on the basis of several independent assessments the court declared that it remained in RGS's best interests to live at X Care Home and for contact with his son to be regulated and supervised, and if necessary temporarily suspended.' 2014-08-012013 cases, No summary, Other capacity cases, Transcript
Re Jared Britton (2013) MHLO 146 (FTT) — Extract from decision: "In a decision given on 26 September 2011, the application by Mr Jared Britton that his application dated 4th September 2009 should be held in public was granted. The fact of this decision should be published. The reasons for the decision must not to be made public. An open hearing is now listed at Liverpool Crown Court on Wednesday 3rd April 2013 for an all day hearing starting at 10.30am." 2014-07-172013 cases, Brief summary, First-tier Tribunal decisions, Publicity, Transcript
The Local Authority v HP (2013) EWCOP B40, (2013) MHLO 145 — "The Local Authority have brought proceedings in respect of HP in the Court of Protection and seek final declarations that she lacks the capacity to, firstly, litigate; secondly, marry; thirdly consent to sexual relations; fourthly decide what care package to accept; fifthly, decide where to live and with whom; and, sixthly, decide to have contact with her family and others. ... They now accept that it is not necessary for a declaration in respect of capacity to marry. ... The Local Authority also ask that the court should consider, firstly, whether authorisation should be granted as to HP's deprivation of liberty, and, second, a declaration as to the medical issues of contraception by Depo-Provera injection, and whether it continues to be in her best interest to be provided with such treatment." 2014-05-022013 cases, No summary, Other capacity cases, Transcript
Re Davies (2012) MHLO 184 (LPA) — The donor appointed four attorneys, A, B, C and D, to act jointly and severally, and imposed the following restriction: "The appointment of C and D shall not take effect unless I am mentally and/or physically incapable of managing my affairs and the appointment of C shall not take effect unless she has been in my employment within the period of one month preceding my loss of capacity to manage my affairs." This restriction was severed on the ground that the appointments of co-attorneys cannot be activated at different times. [OPG summary - LPA case.] 2014-04-292012 cases, Brief summary, LPA cases - all, LPA cases - severance of restrictions incompatible with a joint and several appointment, No transcript
Re Buckley (2013) MHLO 144 (LPA) — The donor made an LPA for property and financial affairs and included the following provision: "Assets should be used firstly to ensure the well being and comfort of [my wife] and secondly to meet any urgent need of the families of the Attorneys and thereafter managed until distributed in accordance with the terms of my will." On the application of the Public Guardian the provision was severed. Although the attorneys would have power to maintain the donor's wife (see Re Bloom above), this should not be the priority of the LPA because section 1(5) of the MCA provides that "An act done, or decision made, under this Act for or on behalf of a person who lacks capacity must be done, or made, in his best interests." The attorneys had no authority to meet the needs of their families, as the donor was not under any legal obligation to maintain them. Any maintenance of the families would be a gift which would potentially fall outside section 12 of the MCA 2005. [OPG summary - LPA case.] 2014-04-292013 cases, Brief summary, LPA cases - all, LPA cases - severance of invalid restrictions relating to gifts, No transcript
Re Rider (2013) MHLO 143 (LPA) — The donor made an LPA for property and financial affairs which included the following provision: "No political donations to be made other than to the conservative party." On the application of the Public Guardian the provision was severed on the ground that it contravened section 12 of the MCA 2005. While section 12(2)(b) permits the making of gifts to charities (subject to certain conditions), donations to the conservative party, or any other political party, would not fall within that provision. [OPG summary - LPA case.] 2014-04-292013 cases, Brief summary, LPA cases - all, LPA cases - severance of invalid restrictions relating to gifts, No transcript
Re Barac (2013) MHLO 142 (LPA) — The donor made an LPA for property and financial affairs which included the following provision: "After having taken full regard for my financial welfare and security I want my attorneys to take sensible steps to protect my estate from the effects of taxation [e.g. Inheritance Tax] and be able to create Trusts where beneficial." On the application of the Public Guardian the provision was severed on the ground that it contravened section 12 of the MCA 2005. [OPG summary - LPA case.] 2014-04-292013 cases, Brief summary, LPA cases - all, LPA cases - severance of invalid restrictions relating to gifts, No transcript
Re Bishop (2013) MHLO 141 (LPA) — The donor appointed attorneys to act jointly and severally and included the following provision: "I direct that my attorneys shall endeavour to act jointly on decisions wherever possible. They must only act severally when all practicable steps to act jointly have been made without success. If an attorney must act severally then that attorney must consult the other before making the decision and keep the other informed of any decision made." On the application of the Public Guardian the provision was severed as being incompatible with a joint and several appointment. Although in the guidance section, it was expressed in mandatory terms and was in substance a restriction. [OPG summary - LPA case.] 2014-04-292013 cases, Brief summary, LPA cases - all, LPA cases - severance of restrictions incompatible with a joint and several appointment, No transcript

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