From Mental Health Law Online
Delay in transfer between hospitals.
Para 6: The Claimant's claim relates to the period of his detention at Stoke Heath between 21 January and 14 October 2003. He seeks:
- (a) declarations that the Defendants delayed in securing his transfer to an appropriate hospital and thereby infringed his rights under Article 8 of the European Convention on Human Rights. The claim against the First Defendant was for a declaration that he had unlawfully failed to seek medical recommendations for the transfer of the Claimant to a hospital and failed to make the necessary direction under section 47 of the MHA; the claim against the First and the Second Defendant was that they had unlawfully delayed the making of referrals to hospital for the Claimant.
- (b) damages for breach of his Convention rights.
R (D) v SSHD & The National Assembly for Wales