Fennell, Letts and Wilson, Mental Health Tribunals (Law Society 2013):
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R (Munjaz) v Ashworth Hospital Authority (2005) UKHL 58

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The Code of Practice is guidance rather than instruction, but must not be departed from in the absence of cogent reasons; the Ashworth seclusion policy, although deviating from the standards in the Code of Practice, was lawful.

Related cases

Munjaz v UK 2913/06 (2012) MHLO 79 (ECHR)

  • R (Munjaz) v Ashworth Hospital Authority (2005) UKHL 58

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