October 2008 update

The following materials were added during October 2008.

Case law

New cases

  • R (M) v Homerton University Hospital NHS Trust [2008] EWCA Civ 197The patient, whose s2 had been extended during s29 displacement proceedings, was detained under s3 following an interim displacement order but before any final determination. Detention under s2 and s3 could run concurrently in these circumstances and it was not arguable that the s3 detention was unlawful. No permission to apply for judicial review.
  • MH v UK 11577/06 [2008] ECHR 181‎Statement of facts and question to the parties. The question to the parties is: "Do the facts of the case disclose a breach of Article 5 § 4 of the Convention: (a) in relation to the failure to provide an automatic referral to a court when a patient is detained under section 2 of the Mental Health Act 1983 and when that patient lacks the capacity to take proceedings; and (b) when that detention is prolonged under section 29(4) of the same Act?"
  • R v Aisling Murray [2008] EWCA Crim 1792A sentence of life imprisonment and conviction for murder was quashed, and substituted with a conviction for manslaughter on the grounds of diminished responsibility and a restricted hospital order; this was even though the appellant had pleaded guilty to murder, as her decision to plead guilty was affected by her medical condition, which also substantially reduced her responsibility for the killing.
  • M v South West London and St George's Mental Health NHS Trust [2008] EWCA Civ 1112 — Habeas corpus - challenge to lawfulness of medical recommendation and ASW application.
  • R (B) v South Region MHRT [2008] EWHC 2356 (Admin) — Unsuccessful challenge to Tribunal's decision not to discharge from Broadmoor hospital.
  • Munjaz v UK 32913/06 [2008] ECHR 215‎ — Statement of facts and questions lodged with the court.
  • Shtukaturov v Russia 44009/05 [2008] ECHR 223 — Incapacity proceedings and detention breached ECHR Articles 5, 6, and 8. [Summary required.]
  • St Helens Borough Council v Manchester PCT [2008] EWCA Civ 931It was for the primary care trust acting on behalf of the Secretary of State for Health and not for the local authority to decide whether the care needs of a woman with dissociative identity disorder were primarily for health care or for care which a social services authority should provide. The trust was required to define in its decision the services which the social services authority was required to provide to the woman, whose mental and psychological conditions required constant and expensive care. It was not satisfactory for the two parties to resolve the issue by costly litigation, since the money for the care and the litigation all came from the public purse.

Old cases added

  • A Local Authority v E [2007] EWHC 2396 (Fam)Application by a local authority under the inherent jurisdiction of the court for directions as to the future of a vulnerable person who has been in care and has now reached 18.
  • LLBC v TG [2007] EWHC 2640 (Fam) — Best interests/deprivation of liberty case.
  • Re SK [2007] EWHC 3289 (Fam)Applications by mother in the course of proceedings concerning the best interests of a vulnerable adult, SK. Applications refused.
  • D'Souza v DPP [1992] UKHL 10Under s17(1)(d) PACE 1984 a constable may enter and search any premises for the purpose of recapturing a person who is unlawfully at large and whom he is pursuing: (1) a detained patient who absconds is "unlawfully at large"; (2) the pursuit must be almost contemporaneous with the entry into he premises.

Legislation

Primary legislation

Secondary legislation - Tribunal

Secondary legislation - Other

Other Documents

Website articles and information