R (Mitocariu) v Central and North West London NHS Foundation Trust [2018] EWHC 126 (Admin)

"These proceedings raise points of principle in respect of the powers of NHS Foundation Trusts pursuant to the National Health Service Act 2006 ("the 2006 Act") regarding financial assistance to patients whilst they are detained pursuant to hospital orders made under the Mental Health Act 1983 ("the 1983 Act"). In essence they raise a question about the powers or duties of NHS Foundation Trusts in circumstances where the patient receiving mental health care is or appears to be unable, for whatever reason, to fund occasional expenses. ... The reliance by the Claimants upon section 122 of the 1983 Act was misplaced as the power to make payments thereunder was abolished by section 41 of the 2012 Act in so far as patients in England were concerned. ... The essential issues that arise in these proceedings are as follows: (i) did the Defendant have power to make payments to the Claimants; (ii) what was the scope and nature of the power, if any, held by the Defendants to make payments; (iii) did the Defendant lawfully exercise the power; (iv) did the absence of a policy mean the Defendant acted unlawfully; (v) was the Defendant under a duty to make regular payments to the Claimants in the amounts claimed or any amounts. ... The power exists under the 2006 Act to make what have been described as "pocket money payments" to in-patients but that power only arises and can only be exercised for and in connection with functions identified under section 43 of the 2006 Act. The discretion of a foundation trust to make payments is limited to that which is commensurate with the therapeutic treatment being provided. There is no entitlement to payment neither is there a duty to make payment. The power that is held by the foundation trust is one which must take into account all the circumstances of the individual case including financial needs and the nature of the therapeutic treatment being provided."

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