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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 1767 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
Lord Chancellor v John Blavo (2016) EWHC 126 (QB), (2016) MHLO 6 — There was a strongly arguable case that John Blavo was party to an arrangement whereby false claims were submitted to the LAA in many thousands of cases, there was evidence of a less than scrupulous approach to his duty of disclosure to the Court, and evidence of a recent attempt improperly to put property beyond the reach of the Lord Chancellor. Taking these matters together there was a real risk that any judgment would go unsatisfied because of disposal of assets. Given the sums of money involved and the admitted financial difficulties it was just and convenient in all the circumstances to continue the freezing order. (The precursor to the official investigation was an audit during which 49 files were passed to the LAA's counter-fraud team, whose conclusions included: "In respect of 42 of these 49 files HMCTS have confirmed that they have no record of there having been tribunal proceedings either in respect of the individual client or on the date when the file indicates...Following ..→2016-02-022016 cases, Brief summary, Miscellaneous, Missing from Bailii, Transcript
Birmingham City Council v D (2016) EWCOP 8, (2016) MHLO 5 — (1) A parent cannot consent to the confinement (i.e. the objective element of Article 5 deprivation of liberty) of a child who has attained the age of 16. (2) The confinement was imputable to the state despite the accommodation being provided under s20 Children Act 1989, as the local authority had taken a central role; in any event, even if D's confinement were a purely private affair the state would have a positive obligation under Article 5(1) to protect him. (3) The judge did not resile from his previous judgment that D's parents could consent to his confinement in hospital when he was under 16. 2016-01-312016 cases, Brief summary, Deprivation of liberty, Transcript
R (Sisangia) v Director of Legal Aid Casework (2016) EWCA Civ 24, (2016) MHLO 4 — This was a claim for false imprisonment and assault arising out of arrest and detention by the police. Paragraph 21 of Part 1 of Schedule 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 relates to Legal Aid for civil legal services under the heading "Abuse of position or powers by public authority". Following an initial refusal of Legal Aid, this case concerned the interpretation of sub-paragraph (4): "For the purposes of this paragraph, an act or omission by a public authority does not constitute an abuse of its position or powers unless the act or omission (a) is deliberate or dishonest, and (b) results in harm to a person or property that was reasonably foreseeable." The High Court had held that (a) paragraph 21(4) was a comprehensive definition of what was entailed in a claim for abuse of position or power (rather than a statement of the minimum criteria for such a claim), and (b) for the purposes of the definition in this case it was only the arrest ..→2016-01-282016 cases, Detailed summary, Miscellaneous, Transcript
MM v WL Clinic (2016) UKUT 37 (AAC), (2016) MHLO 3 — Charles J refused permission to appeal his earlier decision (the main point of which was that, for the purposes of Article 5, a restricted patient with the capacity to do so can give a valid and effective consent to conditions of a conditional discharge that when implemented will, on an objective assessment, create a deprivation of liberty). The Secretary of State can seek permission from the Court of Appeal. 2016-01-282016 cases, No summary, Transcript, Upper Tribunal decisions
R (C) v SSJ (2016) UKSC 2, (2016) MHLO 2 — (1) There is no presumption of anonymity in proceedings which are about the compulsory powers of detention, care and treatment under the 1983 Act: in each case the judge must decide whether or not anonymity is necessary in the interests of the patient. (2) On the facts, an anonymity order was necessary in the interests of this particular patient. Extracts from judgment: "The first issue before us is whether there should be a presumption of anonymity in civil proceedings, or certain kinds of civil proceedings, in the High Court relating to a patient detained in a psychiatric hospital, or otherwise subject to compulsory powers, under the Mental Health Act 1983 (“the 1983 Act”). The second issue is whether there should be an anonymity order on the facts of this particular case. ... The question in all these cases is that set out in CPR 39.2(4): is anonymity necessary in the interests of the patient? It would be wrong to have a presumption that an order should be made in every ..→2016-01-272016 cases, Brief summary, Miscellaneous, Missing from Bailii, Transcript
R (Speck) v HM Coroner for District of York (2016) EWHC 6 (Admin), (2016) MHLO 1 — "Drawing these strands together, my conclusions were as follows. First, that the duty of the coroner was limited to a duty to investigate those matters which caused, or at least arguably appeared to him to have caused or contributed to, the death. Secondly, that the claimant was unable to show even an arguable case that any body was at the material time under a duty, statutory or otherwise, to establish a health-based place of safety at a time, and in a location, such that Miss Speck could have been taken to such a facility in June 2011. Thirdly, that the claimant was therefore unable to show even an arguable case that Miss Speck's death was caused or contributed to by a breach of such a duty. Fourthly, that the coroner was therefore correct to decline to investigate issues as to the non-availability of a health-based place of safety: to have done so would have been to investigate matters which fell outside his statutory duty under section 5 of the Coroners and Justice Act 2009. ..→2016-01-172016 cases, Inquests, No summary, Transcript

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

Page and summaryDate added to siteCategories
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, Missing from Bailii, 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, Missing from Bailii, 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
Re WP (deceased) and EP (2015) EWCOP 84, (2015) MHLO 129 — "This is an application by two attorneys acting jointly under two separate Enduring Powers of Attorney for the retrospective approval of monthly payments of £150 each that they have made to themselves and to their sister from the donors' funds. ... This application is a composite claim for the payment of an allowance of £150 per month to each attorney in respect of three distinct heads of claim, and I shall deal with these heads of claim in the following order: (1) travelling expenses; (2) remuneration for acting as attorneys; and (3) a 'gratuitous' care allowance. I would prefer not to be cornered into approving any particular mileage rate. If the Public Guardian wishes to give guidance on such matters, that's up to him. What I shall say is simply by way of general observation. ... In my judgment, the business mileage rates quoted by HMRC [45 pence for every business mile for the first 10,000 miles and 25 pence for every business mile thereafter] should be substantially discounted ..→2015-12-222015 cases, EPA cases - all, EPA cases - other, No summary, Transcript
V v Associated Newspapers Ltd (2015) EWCOP 88, (2015) MHLO 128 — "I do not propose to say very much in this judgment. The reason I do not propose to say very much is that I am pleased to report that the media respondents have indicated to me that they would wish to put in some further evidence relating to the public interest in identifying C. They would also wish to (and I can understand why they would wish to) put in evidence relating to criticism of an approach by a journalist employed by one of them. Additionally and, to my mind, importantly, they also wish to take the opportunity, if so advised, to put in evidence and/or representations on more general points concerning the mechanics and principles that arise in respect of Court of Protection proceedings that the court directs are to be heard in public and in respect of which the court makes some form of reporting restriction order or anonymity order. ... In those circumstances, it seems to me that it is inevitably appropriate to continue the injunction until 4.30 on the day I hand down ..→2015-12-222015 cases, No summary, Other capacity cases, Transcript
V v Associated Newspapers Ltd (2015) EWCOP 83, (2015) MHLO 127 — "MacDonald J ... concluded C did have capacity to refuse the treatment and dismissed the application by the Hospital Trust. C, sadly, died on 28 November 2015. ... I was notified at about 5.45 pm on 2 December 2015 that an application was likely to be made by Mr Vikram Sachdeva Q.C. on behalf of C's daughter, V, for the RRO to be extended after C's death. ... There is no issue between the parties that the court has jurisdiction to extend a RRO in these circumstances. ... I concluded the RRO should be extended for 7 days to enable an effective inter partes hearing to take place." 2015-12-222015 cases, No summary, Other capacity cases, Transcript

External links

The following are the main sources of case transcripts/information: