Whether delivery of notice of a nearest relative’s intention to discharge was complete when handed to the hospital receptionist or when opened by the Mental Health Act Administrator - Re GK (Patient: Habeas Corpus) [1999] MHLR 128
Points Arising: The statutory provisions meant that a hand delivered notice of intention to discharge by a nearest relative had to come into the hands of the Mental Health Act Administrator to start the 72 hour period for a barring order (s25 Mental Health Act 1983); if the notice was sent by post to the Managers, it was their responsibility to ensure that an authorised officer was available to open it and deal with it.
Facts and Outcome: GK was detained under s3 Mental Health Act 1983; his nearest relative sought to exercise her powers of discharge under s23 of the Act and handed a letter to the hospital receptionist on 27 May 1999; on 3 June 1999, the hospital administrator, who had been absent, received the letter and arranged for a barring order to be made under s25 of the Act. In habeas corpus proceedings raising the argument that the failure to issue a barring order within 72 hours of the letter being delivered to the hospital meant that there was no jurisdiction to detain, the High Court held that Regulations required that the s23 discharge application had to be delivered to an authorised officer, which meant that it had to come to the attention of the relevant administrator; and that the time for a barring order commenced then, and so was in time on the facts.