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:
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Mental Health Law Online currently contains 1640 categorised cases. See also Settled cases and Forthcoming judgments.

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Recently-added cases

The following are the most recently-added 2015 cases:

Page and summaryDate added to siteCategories
YA v Central and NW London NHSFT (2015) UKUT 37 (AAC), (2015) MHLO 18 — "This case concerns the appointment and duties of a legal representative appointed by the tribunal under Rule 11(7) of the Tribunal Procedure Rules at First-Tier Tribunal) (Health, Education and Social Care Chamber) 2008." 2015-02-122015 cases, Missing from Bailii, No summary, Other capacity cases, Transcript, Upper Tribunal decisions
AMA v Greater Manchester West MH NHSFT (2015) UKUT 36 (AAC), (2015) MHLO 17 — Guidance on withdrawal and on the role of a welfare deputy. 2015-02-122015 cases, Missing from Bailii, No summary, Transcript, Upper Tribunal decisions
R v Vowles; R (Vowles) v SSJ (2015) EWCA Crim 45, (2015) EWCA Civ 56, (2015) MHLO 16 — "There are before the court: (1) Sitting as the Court of Appeal Criminal Division six cases where indeterminate sentences (either imprisonment for public protection (IPP) or a life sentence) had been passed between 1997 and 2008. Each specified a minimum term. In each case there was psychiatric evidence before the court with a view to a judge considering making a hospital order under MHA 1983 s37 as amended with a restriction under s41 of the same Act. The sentencing judge did not make such an order, but each was subsequently transferred to hospital under a transfer direction made by the Secretary of State under s47. (2) Sitting as the Court of Appeal Civil Division, a civil appeal in relation to a judicial review brought by the first of the appellants in the criminal appeals of the actions of the Secretary of State for Justice and the Parole Board relating to delay in the determination of her application for release from custody." 2015-02-122015 cases, Deprivation of liberty, ICLR summary, Prison law cases, Sentence appeal cases, Transcript
Re SB: Public Guardian v BB (2015) EWCOP 7 (2015) MHLO 15 — "This is an application to revoke a Lasting Power of Attorney for property and financial affairs because the attorneys have behaved in a way that contravenes their authority and is not in the donor's best interests. It is also a contested application as to who should be appointed as SB's deputy for property and affairs in place of the attorneys." 2015-02-122015 cases, LPA cases - all, LPA cases - other, Missing from Bailii, No summary, Transcript
Re EG: Public Guardian v GB (2015) EWCOP 6, (2015) MHLO 14 — "This is an application by the Public Guardian to revoke a Lasting Power of Attorney for property and financial affairs ('LPA') because the attorneys have behaved in a way that contravenes their authority and is not in the donor's best interests." 2015-02-122015 cases, LPA cases - all, LPA cases - other, No summary, Transcript
R (Kent CC) v SSH (2015) EWCA Civ 81, (2015) MHLO 13 — "This case concerns the question of which of a number of local authorities should be responsible for funding the residential accommodation of a disabled adult pursuant to section 21 of the National Assistance Act 1948. In particular, it concerns the proper construction of section 24(5) which deems a person to be ordinarily resident in a local authority area when he is in fact ordinarily resident elsewhere." 2015-02-122015 cases, Community care, No summary, Transcript
Bostridge v Oxleas NHS Foundation Trust (2015) EWCA Civ 79, (2015) MHLO 12 — "The single issue in this appeal is whether the appellant, a mentally disordered patient unlawfully detained in hospital for some 442 days, is entitled to substantial damages instead of the nominal damages awarded by the judge, in circumstances where he would anyway have been detained lawfully had the defendant NHS trust been aware of the unlawfulness. ... I would dismiss this appeal." 2015-02-122015 cases, No summary, Transcript, Unlawful detention cases
Re AJ (DOLS) (2015) EWCOP 5, (2015) MHLO 11 — "This case raises a number of issues about the provisions of the Mental Capacity Act 2005, and in particular the amendments that were introduced into that Act by the Mental Health Act 2007 concerning the procedures to be followed in cases of deprivation of liberty. The provisions under consideration include the selection and appointment of relevant person's representatives under Part 10 of Schedule A1 and independent mental capacity advocates under s.39D which have not, so far as I am aware, been considered in any previous judgment. More fundamentally, the case addresses the question of the extent of the duty on a local authority to ensure that a person who lacks capacity is able to challenge a deprivation of their liberty." 2015-02-122015 cases, Deprivation of liberty, No summary, Transcript
MASM v MMAM (2015) EWCOP 3, (2015) MHLO 10 — (1) The issue: "The point the case raises is a short but important one: namely the legal status of declaratory orders in the Court of Protection and the consequences, if any, for deliberate defiance of them. ... Mr MASM and his son have plainly colluded to defeat the declaration made by this court. ... Two questions have fallen for consideration here in the light of this background: (i) What is the legal status of a declaration of best interests in the Court of Protection? (ii) Can a party who deliberately acts in defiance of a declaration be held to be in contempt of court?" (2) Decision: "Ultimately, a declaration of best interests connotes the superlative or extreme quality of welfare options. It by no means follows automatically that an alternative course of action to that determined in the Declaration, is contrary to an individual's welfare. There may, in simple terms, be a 'second best' option. For this reason, such a declaration cannot be of the same complexion as a ..→2015-01-312015 cases, Brief summary, Other capacity cases, Transcript
Cambridgeshire County Council 13 016 935 (2015) MHLO 9 (LGO) — LGO's summary: "Complaint from a woman that the council moved her husband into a residential home against both his and her wishes. She says she was forced to accept this course of action and the council failed to properly consider her preference of care home. The Ombudsman upheld the complaint and found fault causing injustice. Recommendations: To remedy the injustice caused, we recommend the council (within three months of the date of our report): (1) apologise to the woman for the failures outlined in our report. This apology should accept responsibility for the faults, and acknowledge the impact these had on her. It should also include an assurance that the same faults will not happen again, and explain what steps have been taken to ensure this; (2) set a timetable for refresher training for social care staff on mental capacity assessments, best interests decisions, deprivation of liberty and the role of the Court of Protection and how to advise the public on their rights. This may ..→2015-01-312015 cases, Brief summary, LGO decisions, Transcript

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

Page and summaryDate added to siteCategories
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
Re BM (2014) EWCOP B20, (2014) MHLO 131 — "This is a case in which there is a dispute as to who should be appointed as BM’s deputy for property and affairs." 2014-12-312014 cases, Deputyship cases, No summary, Transcript
LB Tower Hamlets v TB (2014) EWCOP 53, (2014) MHLO 130 — "All parties are agreed that TB lacks capacity to make decisions concerning her residence, her care and her contact with SA. The issues that I have to decide are these: (i) Where should TB live in her best interests? ... (ii) If TB does not return to 9 Emerald Mansions what should her contact be with SA, in her best interests? (iii) Does SA have the capacity to consent to sex? This is an abstract question if she does not return to 9 Emerald Mansions, but a very real one if she does. (iv) Whatever I decide about residence does her care regime amount to a deprivation of liberty within the terms of Article 5?" 2014-12-312014 cases, Best interests, Capacity to consent to sexual relations, Deprivation of liberty, No summary, Transcript
The Public Guardian v VT (2014) EWCOP 52, (2014) MHLO 129 — This is an application by the Public Guardian for the court to revoke a Lasting Power of Attorney ('LPA') for property and financial affairs on the ground that the donee of the power has behaved in a way that contravenes her authority or is not in the donor's best interests. 2014-12-312014 cases, LPA cases - all, LPA cases - other, No summary, Transcript

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