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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(3 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 1549 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 A (A Child) (2014) EWCOP 920, (2014) MHLO 77 — 'A, the young person with whom I am concerned, will be 16 years old in June of this year. At the time I am hearing this application, brought by an NHS Foundation Trust, A weighs just 5 ½ stones and has been in hospital for 10 months. ... On the 9th January 20014 the Trust applied for declarations inter alia (i) that it is lawful and in the best interest of A to have a Nasojejunal tube inserted and reinserted on any occasion that it is removed; (ii) it is lawful and in the interest of A to receive fluids, nutrition and medications through a Nasojejunal tube; (iii) it is lawful and in A's best interest to receive treatment (to include psychiatric, psychological and medication as prescribed by her consultant treating psychiatrist) and assessment by the child and adolescent mental health team.' 2014-08-012014 cases, Best interests, No summary, Transcript
Re RGS (No 3) (2014) EWCOP B12, (2014) MHLO 76 — 'The primary issue was whether it continued to be in RGS's best interests to reside at X Care Home having regard to the fact that he had been injured there. The two secondary issues concerned contempt of court and reporting restrictions.' 2014-08-012014 cases, No summary, Other capacity cases, Transcript
Norfolk CC v PB (2014) EWCOP 14, (2014) MHLO 75 — 'The issue is whether PB has capacity to decide whether to live with TB, what contact to have with him, and what her care arrangements should be (that issue, it is common ground, includes where she is to live); and, if she is to be accommodated in local authority care, whether she is deprived of her liberty and if so whether this should be authorised by the Court. There is an interim declaration to that effect.' Comments on the capacity test (causative nexus), inherent jurisdiction and case management in the Court of Protection. 2014-08-012014 cases, Best interests, Deprivation of liberty, No summary, Transcript
Re P (capacity to tithe inheritance) (2014) EWCOP B14, (2014) MHLO 74 — Headnote from judgment: 'Application by the local authority deputy for property and affairs — Whether P has capacity to tithe 10% of his inheritance to the Church of the Latter Day Saints — Mental Capacity Act 2005 test and the common law test in Re Beaney — Whether such a gift is in P's best interests — Whether P has litigation capacity' 2014-08-012014 cases, No summary, Other capacity cases, Transcript
Derbyshire County Council v Kathleen Danby (2014) EWCOP B22, (2014) MHLO 73 — 'Before me today the local authority contends that this Respondent Grandmother, Kathleen Danby, is in breach to a significant degree of the injunction granted by Her Honour Judge Thomas. ... Accordingly, I take a serious view of the behaviour of Kathleen Danby and it is plain to me that unless restrained by serious punishment she will simply continue to behave the way she has. I remind myself that the case of Hale v. Tanner sets out that punishment is not the aim of the court, but rather to express its concern at breaches of its orders and the need to effect protection. In those circumstances, in my judgment, there should be a suitable punishment. ... In the circumstances for each and every one of these breaches of the injunction I shall sentence this lady to three months' imprisonment concurrently. I shall issue a warrant for her arrest and list the matter for review, I think in two months' time, unless Miss Cavanagh tells me that it is a wrong date to choose, in which case I shall ..→2014-08-012014 cases, No summary, Other capacity cases, Transcript
A Local Authority v TZ (No 2) (2014) EWCOP 973, (2014) MHLO 72 — 'The principal focus of the latest assessments has been the issues that may arise as TZ endeavours to meet, and form intimate relations with, other men. TZ is clear that he wishes to have the opportunity to have these experiences, and all professionals involved in supporting him agree that he should be given that opportunity. The question is whether he had the capacity in respect of decisions that may have to be made when that opportunity arises. Following discussion at the hearing, it was agreed that the issues now arising can be summarised as follows: (1) What is the relevant decision in respect of which the question of capacity arises? (2) Does TZ lack capacity in respect of that decision? (3) If yes, what orders should be made in TZ's best interests? (4) Should the court appoint the local authority to act as TZ's welfare deputy?' 2014-08-012014 cases, Capacity to consent to sexual relations, No summary, Transcript
A Local Authority v B, F and G (2014) EWCOP B21, (2014) MHLO 71 — 'The local authority seeks that the father and grandmother should not have any contact with her save by indirect supervised telephone calls once every four weeks and no other. The local authority takes the view that that position should continue for a period of five years. ... However, should the restriction of applications to Court be as long as five years? I have borne in mind the very careful submissions of Ms. Lattimer, and I bear in mind, too, that B wants to see her father, even though she does not appreciate the dire emotional effects he appears to have had on her. I have concluded that it would be right to restrict applications to vary the injunction for a period of four years only. That is still a very substantial period and quite outside the norm.' 2014-08-012014 cases, No summary, Other capacity cases, Transcript
A Local Authority v B, F and G (2014) EWCOP B18, (2014) MHLO 70 — 'This case raises the novel point as to whether or not a Hadkinson order can be granted in the Court of Protection and whether or not, in the circumstances of this particular case, it should be. I am unaware of there being any previous such orders in the Court of Protection, though it seems to me that that is no impediment to one being made in a case like this involving contempt, such as this.' 2014-08-012014 cases, No summary, Other capacity cases, Transcript
Re DP: Public Guardian v John Marney (2014) EWCOP 7, (2014) MHLO 69 — 'The Senior Judge concluded that JM was in breach of his fiduciary duties as an attorney and that he had "behaved in a way that has both contravened his authority and has not been in DP's best interests. ... At the end of the day the issue is really very simple. Why should JM be protected from the normal consequence of a judicial finding of misconduct, namely the identification of the wrongdoer in a published judgment? Nothing JM has said, or which could sensibly be put forward on his behalf, provides any reason why, looked at from his perspective, he should be spared the consequences of his misbehaviour. If publication of his identity and re-publication of the Senior Judge's findings, lowers JM in the estimation of right-thinking readers of the Daily Mail or other organs of the media, then so be it. He has only himself to blame. Why should JM be any more entitled to anonymity, just because the only judicial finding thus far has been made by the Court of Protection, than he would be ..→2014-08-012014 cases, LPA cases - all, LPA cases - other, No summary, Transcript
Press Association v Newcastle Upon Tyne Hospitals Foundation Trust (2014) EWCOP 6, (2014) MHLO 68 — 'This application arising from proceedings in the Court of Protection raises questions about the continued confidentiality after a person's death of information gathered during litigation occurring during her lifetime. The first question is whether an order that preserving the person's anonymity (and hence the confidentiality of information about her) can continue to have effect after her death. If such a power exists, the second question is whether it should be exercised in the present case. For the reasons set out below, I consider that the court does have the power to preserve the anonymity of the protected person after death but that in this case the balance falls in favour of lifting that anonymity.' 2014-08-012014 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
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
The Local Authority v Mrs D (2013) EWHC B34 (COP), (2013) MHLO 140 — "These proceedings were heard in private however this judgement is being published at the request of the respondents in order to explain the thinking of the court when approving an agreed order compromising a claim for remedies under s.8 Human Rights Act 1998 ('HRA'), which included a sum in damages, for alleged breaches of a party's rights under Articles 5 and 8 ECHR. ... However, despite this non-admission of liability, the Local Authority had offered in compromise: (a) an apology to Mrs D for the delay in bringing these proceedings; (b) to pay a sum of £15,000 to Mrs D; (c) to pay the reasonable costs of the action incurred by Mrs D's litigation friend; (d) to pay a sum of £12,500 to her husband Mr D; (e) to pay Mr D's reasonable costs of the action. ... For all of the above reasons therefore, the Court's view was that the totality of the compromise represented a reasonable settlement and in the circumstances represented sufficient satisfaction for the alleged breaches of ..→2014-03-052013 cases, Deprivation of liberty, No summary, Transcript
AB v LM (2013) EWHC 1234 (COP), (2013) MHLO 139 — "I find on paying close attention to Dr P's advice, but also considering the contribution of Dr G, that Lisa does possess the abilities required to lead to the conclusion that she has capacity to make decisions about whether or not to have sexual relations. She is somebody who has been full to sexually active in the past; she has had children; she understands the rudiments of the sexual act; she has a basic understanding of issues of contraception and the risks of sexually transmitted diseases. The area in which she is weakest is her ability to understand the implications for herself should she become pregnant. Pregnancy for Lisa would be an extremely serious state of affairs; there can be no doubt about that. But her weakness in that respect does not, for me, lead to the conclusion that her capacity is absent; it argues for her to receive continued safeguarding and help, advice and explanation as and when the question of sexual activity might become a reality." 2014-02-152013 cases, Capacity to consent to sexual relations, No summary, Transcript
Arshad v Court of Magistrates Malta (2013) EWHC 3619 (Admin), (2013) MHLO 138 — Extradition case with mental health background. [Summary required.] 2013-12-302013 cases, No summary, Repatriation cases, Transcript
R v Yusuf (Nadia Ali) (2013) EWCA Crim 2077, (2013) MHLO 137 — The appellant sought a restricted hospital order in place of an IPP sentence, but was unsuccessful as her medical evidence addressed the current situation rather than the situation at the time of sentencing. 2013-12-302013 cases, Brief summary, Sentence appeal cases, Transcript
R (McKay) v SSJ (2013) EWHC 3728 (Admin), (2013) MHLO 136 — Permission to apply for judicial review of the decision to refer the claimant prisoner to a prison Dangerous and Severe Personality Disorder (DSPD) unit for assessment was refused because it was 'a classic example of a situation in which two experts disagree' and it was not for the court to interfere and substitute its own view. 2013-12-302013 cases, Brief summary, Miscellaneous, Transcript
R v Kenyon (Lindsay) (2013) EWCA Crim 2123, (2013) MHLO 135 — Unsuccessful appeal against eight-month sentence for eight offences of neglect of a person who lacks capacity contrary to MCA 2005 s44. 2013-12-302013 cases, Brief summary, Criminal law capacity cases, Transcript
R v Anderson (Darren Gabriel) (2013) EWCA Crim 2212, (2013) MHLO 134 — Appellant sought restricted hospital order, in place of IPP and s45A hybrid order, but was unsuccessful. 2013-12-302013 cases, Brief summary, Hybrid order cases, Transcript

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