Mental health case law

Revision as of 21:25, 19 December 2018 by Jonathan (talk | contribs) (External links)
Mental health case law(5 categories, 2 pages)
Case law - by jurisdiction(4 categories, 1 pages)
Case law - by subject matter(17 categories)
Case law - by summary type(7 categories)
Case law - by year(38 categories)
The mental health cases on this site are structured into categories and (where appropriate) sub-categories:
  • To browse through categories and cases, click on the ▼ and ► symbols as appropriate.
  • To view summaries of all cases within a category, click on the category name.
  • To view a particular case, click on the case name (which will be listed under the relevant category).

Mental Health Law Online currently contains 1867 categorised cases.

If you have been involved in a case not listed here, or have a transcript that is not yet on Bailii, then please get in touch. See Help page for contact details.

Recently-added cases

The following are the most recently-added 2018 cases:

Page and summaryDate added to siteCategories
Djaba v West London Mental Health NHS Trust [2018] MHLO 76 (SC) — 

ECHR and tribunal criteria On 15/3/18 the Supreme Court (Lady Hale, Lord Hodge, Lord Lloyd-Jones) refused Jasmin Djaba permission to appeal, giving brief reasons.

Thanks

Court order provided by Djaba's solicitor, Kate Luscombe of Abbotstone Law.

CASES DATABASE

Full judgment: No Bailii link (because the neutral citation is unknown) Download here

Subject(s):

2019-05-152018 cases, Cases, Judgment available on MHLO, Powers, Transcript, Upper Tribunal decisions
Parker v Chief Constable of Essex Police [2018] EWCA Civ 2788 — 
Nominal damages (Barrymore) "In the early hours of 31 March 2001, Michael Parker (a celebrity entertainer who is better known by his stage name, Michael Barrymore) returned to his home with eight guests. ... In relation to Mr Parker, that arrest was to be effected by Det. Con. Susan Jenkins who had played a central role in the re-investigation and was well aware of the evidence: she believed she had reasonable grounds both to suspect Mr Parker of committing an offence and to conclude that it was necessary to effect his arrest. In the event, she was detained in traffic and a surveillance officer (P.C. Cootes) was ordered to effect the arrest, which he did. ... For these reasons, I would conclude that Stuart-Smith J was correct to conclude that there were reasonable grounds both to suspect Mr Parker of committing an offence and that it was necessary to arrest him. Equally, however, I have no doubt that had things been done as ..→
2019-04-302018 cases, Cases, ICLR summary, Judgment available on Bailii, Unlawful detention cases
PB v Priory Group Ltd [2018] MHLO 74 — {{Case

|Date=2018/03/10 |NCN=No transcript |Other citations=[2018] MHLO 74 |Court=County court |Parties=PB, JB, Priory Group Ltd |Sentence=Damages for unlawful psychiatric detention |Summary=A Part 36 offer of £11,500 plus legal costs was accepted in this claim brought for unlawful detention and breach of Article 5. The patient had been detained under s5(2) when not an in-patient, and this section had lapsed for nearly seven hours before detention under s2 began. |Detail===Thanks== The case summary below was provided by Matthew Seligman of Campbell-Taylor Solicitors (solicitors for the claimants). Any similar summaries of settled cases would be very welcome.

2019-04-192018 cases, Cases, Unlawful detention cases
NHS Cumbria CCG v Rushton [2018] EWCOP 41 — 
Withdrawal of CANH; advance decision "This is an application regarding the proposed withdrawal of clinically assisted nutrition and hydration in respect of Mrs Jillian Rushton, who is now 85 years of age. Since sustaining a traumatic head injury in December 2015, Mrs Rushton has suffered from a prolonged period of disorder of consciousness. Insofar as a label is relevant, the consensus of medical opinion, in respect of which there is no dissent at all, is that she is in a persistent vegetative state (PVS). In their recent guidance, ‘Clinically-assisted nutrition and hydration (CANH) and adults who lack the capacity to consent’, the Royal College of Physicians and the British Medical Association have noted that the importance of obtaining a precise and definitive diagnosis has reduced. It is recognised by the Courts and clinicians that drawing a firm distinction between vegetative state and minimally conscious state is ..→
2019-04-052018 cases, Advance decision cases, Cases, Judgment available on Bailii, Medical treatment cases
SS v CCG [2018] EWCOP 40 — 
Withdrawal of CANH "The application seeks a declaration pursuant to section 15 (that it is lawful and in B's best interests for CANH to be withdrawn) and, secondly, an order pursuant to section 16 for such withdrawal and for B to receive palliative care only. If granted, it is anticipated that B will pass away. ... In support of granting the application there are a number of important factors. It is consistent with her previously expressed feelings and wishes. It supports her right, I suspect strongly held, to self-determination. She has no quality of life. Therapeutically, her life is futile, there is no hope of recovery. There is no hope. If I allow the application and make the declarations, it will bring to an end the invasive and, in my judgment, burdensome medical treatment from which she, B, obtains no benefit. It is consistent with her Muslim religion. It is consistent with her devoted husband's views of his wife's best ..→
2019-03-202018 cases, Cases, Judgment available on Bailii, Medical treatment cases
R (Hall) v SSJ [2018] EWHC 1905 (Admin) — 

Autism in prison Unsuccessful judicial review by prisoner claiming breach of Equality Act 2010 reasonable adjustments duty.

CASES DATABASE

Full judgment: BAILII!

Subject(s):

2019-03-172018 cases, Cases, Disability discrimination, Judgment available on Bailii, Prison law cases
London Borough of Hounslow v A Father & A Mother [2018] EWCOP 23 — 

Disproportionate litigation - legal costs, and LIP costs Judge's headnote: "Costs in the Court of Protection - Disproportionate litigation - Whether a litigant in person is entitled to recover costs including loss of earnings"

CASES DATABASE

Full judgment: BAILII!

Subject(s):

2019-03-162018 cases, COP costs cases, Cases, Judgment available on Bailii
University Hospitals Birmingham NHSFT v HB [2018] EWCOP 39 — 
Medical treatment, including CPR "When considering what is in HB's best interests, I take account of the fact that the balance of medical evidence would support the view that the treatment set out in the second part of the treatment plan would bring about no significant improvement in HB's underlying condition and, to that end, they might be seen as futile. ... Against that, I have to balance the very clear wishes, expressed by HB to her daughter, that she would want all steps taken to preserve her life ... Where it is not clear whether HB will make an improvement in her neurological condition, it is, in my judgment, contrary to her best interests and premature to rule out the treatments set out in Part 2 of the updated treatment plan, numbers (2) to (6). ... Mr McKendrick submits that it would not be in HB's best interests that the potentially last moments of her life were lived with her undergoing the violent and invasive ..→
2019-02-122018 cases, Cases, Judgment available on Bailii, Medical treatment cases
PBU v Mental Health Tribunal (2018) VSC 564 — 
Australian case on capacity and ECT Headnotes from judgment: (1) "ADMINISTRATIVE LAW – appeal – decisions of Victorian Civil and Administrative Tribunal (‘VCAT’) that two persons with mental illness be compulsorily subjected to electroconvulsive treatment (‘ECT’) – determination that they lacked the capacity to give informed consent to or refuse treatment – whether VCAT properly interpreted and applied requirement that person be able to ‘use or weigh’ information relevant to decision – further requirement that there be no less restrictive way for the person to be treated – whether this requirement only met where treatment immediately needed to prevent serious deterioration in person’s health or serious self-harm or harm to another – ‘capacity to give informed consent’ – Mental Health Act 2014 (Vic) ss 68, 69, 70, 72, 93 and 96." (2) "HUMAN RIGHTS – two persons having mental disability found ..→
2019-02-042018 cases, Cases, Judgment missing from Bailii, Medical treatment cases
Whittaker v Hancock & Ors [2018] EWHC 3478 (Ch) — 
LPA attorney as substituted personal representative "The claimant has brought a claim under section 50 of the Administration of Justice Act 1985 to be appointed as substitute personal representative of the estate of John Parker in place of the second defendant, her mother, and for a caveat entered by the third defendant on 20 July 2016 to be removed. ... The third defendant is the deceased's daughter and opposes the claim. ... In a statement accompanying the Will, signed by the deceased and witnessed by a legal secretary the deceased explains that he has made no provision for the third defendant ... On 20 July 2016 the third defendant caused a caveat to be entered. She subsequently entered an appearance to the claimant's warning asserting that the 2003 Will may be invalid due to the deceased lacking testamentary capacity, being subject to undue influence and want of knowledge and approval. ... Mr Devereux-Cooke submits that I ..→
2019-02-032018 cases, Cases, Judgment available on Bailii, LPA cases - other, Testamentary capacity cases
R (Bate) v Parole Board [2018] EWHC 2820 (Admin) — 
Damages for Parole Board delay "Four grounds of claim were pleaded in detail. They can be summarised as challenging: (i) a failure, in violation of Art 5(4), to provide a parole hearing within a reasonably speedy interval; (ii) a systemic failure to maintain and operate a system for speedy and prompt parole reviews; (iii) an unlawful policy for prioritisation of listing which ignores support for release and prospects of release which are identified as realistic, and/or ignores a legitimate expectation given as to the timetable for a deferred hearing; (iv) an unlawful failure, by the decision letter of 2nd December 2016, to direct expedition in the listing of Mr Bate's deferred hearing. ... For the reason I have given, I would find in Mr Bate's favour on ground 1 and ground 4, and would award him damages on the basis indicated in paragraphs 77, 88 and 89 above. I would refuse relief in respect of grounds 3 and 4." ..→
2019-02-032018 cases, Cases, Judgment available on Bailii, Prison law cases
R (Jollah) v SSHD [2018] EWCA Civ 1260 — 
False imprisonment and damages "The context is one of immigration detention. The claimant, who is the respondent to this appeal (and who for present purposes I will call "IJ"), was made subject to a curfew restriction between the hours of 23.00 and 07.00 for a period between 3 February 2014 and 14 July 2016, pending potential deportation. Such curfew was imposed by those acting on behalf of the appellant Secretary of State purportedly pursuant to the provisions of paragraph 2 (5) of Schedule 3 to the Immigration Act 1971 (as it then stood). It has, however, been accepted in these proceedings that, in the light of subsequent Court of Appeal authority, there was no power to impose a curfew under those provisions. Consequently, the curfew was unlawfully imposed. The question arising is whether IJ is entitled to damages for false imprisonment in respect of the time during which he was subject to the unlawful curfew. The trial ..→
2019-01-292018 cases, Cases, ICLR summary, Judgment available on Bailii, Unlawful detention cases
A Local Authority v BF [2018] EWCA Civ 2962 — 
Inherent jurisdiction to authorise DOL of vulnerable adult An interim order made on 10/12/18 required BF to reside at a care home, over Christmas, and not at his own or his son's home, despite BF's having capacity to make decisions about his residence and wanting to return home. The order was expressed to last until a further hearing to take place no later than 31/1/19 (later fixed for 16/1/19) when the judge could hear full argument on what relief could be granted pursuant to the inherent jurisdiction. The local authority appealed on the basis that the order infringed Article 5. The appeal was dismissed: (1) BF is a vulnerable adult (old, blind, infirm, in a squalid and dangerous home, with undue influence present in relationship with son) who needs protection despite not lacking capacity. (2) The test of "unsound mind" is different from the test of capacity, and there is prima facie evidence that he may be of unsound ..→
2019-01-222018 cases, Brief summary, Cases, Inherent jurisdiction cases, Judgment available on Bailii, Transcript
R v Tunstill [2018] EWCA Crim 1696 — 
Infanticide wrongly withdrawn from jury "This was a case where the child was killed soon after birth so that this case can be distinguished from the situation where mental ill health, usually post-partum psychosis, develops over a period of time. Nonetheless, there was evidence from Dr Bashir and Dr Khisty which showed that notwithstanding the existence of the appellant's pre-birth mental disorder, the effects of giving birth had led to a further condition, characterised by Dr Bashir as an acute stress reaction which was a causative factor in disturbing the balance of the appellant's mind. The issue of causation is a matter of fact for a jury after appropriate direction from a judge as to what can constitute a legally effective cause. For the reasons given, we consider that the effects of birth are not required by s.1(1) to be the sole cause of a disturbance of balance of the mind. In the circumstances, we are persuaded that ..→
2019-01-212018 cases, Cases, ICLR summary, Judgment available on Bailii, Other criminal law cases
LW v Cornwall Partnership NHS Trust [2018] UKUT 408 (AAC) — 
Meaning of "nature" in discharge criteria (1) Having considered the statutory framework of CTOs and the legislative purposes behind them the UT concluded, primarily on that basis, that in cases where there is a risk of a relapse which might necessitate recall, how soon that such a relapse is likely to occur is a relevant consideration. However, other factors, including the risk to the patient and/or others if a relapse were to occur, may also be relevant, and there is no requirement for likely relapse to be "soon", "in the near future" or within the permitted duration of a CTO. (2) Addressing the claimants' arguments on the analogy between detention and CTO cases, the judge stated that while there are some parallels between the s3 regime and CTOs they are not such that the same principles necessarily apply to both, and (to the extent necessary to reach a view on the detention cases) neither of the previous judgments cited in ..→
2019-01-112018 cases, Brief summary, Cases, Judgment available on Bailii, Transcript, Upper Tribunal decisions
Lord Chancellor v Blavo and Co Solictors Ltd [2018] EWHC 3556 (QB) — 

John Blavo personally ordered to repay Legal Aid claims The High Court gave judgment for the Lord Chancellor against John Blavo in the sum of £22,136,001.71 following the allegation that Blavo & Co made dishonest claims for payment on the legal aid fund for thousands of cases where it was not entitled to any fee.

CASES DATABASE

Full judgment: BAILII!

Subject(s):

< ..→
2019-01-012018 cases, Brief summary, Cases, Judgment available on Bailii, Miscellaneous, Transcript
John Blavo v Law Society [2018] EWCA Civ 2250 — 

Intervention costs statutory demands The Law Society successfully appealed against a decision to set aside two statutory demands (of £151,816.27 and £643,489.20) which had been served on John Blavo in relation to costs incurred in respect of the intervention into his practice.

ICLR

The ICLR have kindly agreed for their WLR (D) case report to be reproduced below.  

The WLR Daily case summaries

[2018] WLR(D) 637!

Court of Appeal

Blavo v Law Society

[2018] EWCA Civ 2250!

2018 May 15, 16; Oct 16

Patten, Lewison, Moylan LJJ

Bankruptcy— Debt— Statutory demand— Law Society issuing statutory demands requiring solicitor to pay costs incurred during intervention into his practice— Whether debt claimed “liquidated sum”— Whether demands to be set aside— Solicitors Act 1974 (c 47), Sch 1, para 13 — Insolvency ..→
2019-01-012018 cases, Brief summary, Cases, ICLR summary, Judgment available on Bailii, Miscellaneous, Transcript
R (CXF) v Central Bedfordshire Council [2018] EWCA Civ 2852 — 
The patient's mother drove weekly to accompany her son on escorted community leave bus trips. When he turned 18, the Children Act 1989 funding ceased and she sought judicial review of the refusal to fund her travel costs under MHA 1983 s117. (1) The patient did not "cease to be detained" or "leave hospital" within the meaning of s117(1) when on leave and so was not a person to whom s117 applied, and also the services provided did not constitute "after-care services" within the meaning of s117(6). (2) In other cases, such as a patient living in the community on a either a full-time or part-time trial basis, the s117 duty could arise. (3) (Obiter) It was difficult to see how s117 could have covered the mother's costs as there was no evidence that she was authorised to provide services on behalf of any CCG or LA. (4) The MHA Code of Practice is analogous to delegated legislation (which can only be used as an aid to interpretation ..→
2018-12-202018 cases, After-care, Brief summary, Cases, ICLR summary, Judgment available on Bailii, Transcript
Re AB (Inherent Jurisdiction: Deprivation of Liberty) [2018] EWHC 3103 (Fam) — 
AB had capacity to consent to the care, support and accommodation arrangements which were provided as part of his conditional discharge but, following the MM case, there was an unlawful deprivation of liberty. The High Court extended the inherent jurisdiction to regularise the position of a capacitous detained mental health patient subject to restrictions as part of his conditional discharge which satisfied the objective elements of a deprivation of liberty (firstly, it was clear that there was no legislative provision governing this situation in that the Mental Health Act provided no remedy; secondly, it was in the interests of justice; and, thirdly, there were sound and strong public policy justifications). The court order: authorised the deprivation of liberty for 12 months; required the applicant to apply to court if the restrictions increase, and no less than one month before the expiry of the ..→
2018-12-192018 cases, Brief summary, Cases, Deprivation of liberty, ICLR summary, Inherent jurisdiction cases, Judgment available on Bailii, Transcript
Welsh Ministers v PJ [2018] UKSC 66 — 

(1) There is no power to impose conditions in a CTO which have the effect of depriving a patient of his liberty. (2) The patient's situation may be relevant to the tribunal's discharge criteria, and the tribunal may explain the true legal effect of a CTO (for the RC to act on that information), but if a patient is being unlawfully detained then the remedy is either habeas corpus or judicial review.

External links

Official press summary

Supreme Court case details page

<div ..→
2018-12-172018 cases, Brief summary, Cases, Deprivation of liberty, Judgment available on Bailii, Powers, Transcript

The following are the 10 most recently-added cases with the exception of 2018 cases:

Page and summaryDate added to siteCategories
R (LV) v SSJ [2012] EWHC 3899 (Admin) — 

MHT/Parole Board delay "This is a renewed application for permission to apply for judicial review challenging delay, it is said, on the part of the Secretary of State for Justice and the Parole Board in fixing a hearing of the Parole Board."

CASES DATABASE

Full judgment: Possible Bailii link (not there when last checked, but it might have appeared since 0700 this morning!)
..→

2019-03-232012 cases, Cases, Judgment available on MHLO, Judgment missing from Bailii, Prison law cases, Transcript
Esegbona v King’s College Hospital NHS Foundation Trust [2019] EWHC 77 (QB) — 
Aggravated damages following MCA breaches "The claimant, Dr Gloria Esegbona, brings this claim as administrator of the estate of the deceased, her mother, Christiana Esegbona. The action is brought in negligence and false imprisonment. The amended claim form states that the claimant's claim is a claim in clinical negligence and/or pursuant to the Fatal Accidents Act 1976 and/or the Law Reform (Miscellaneous Provisions) Act 1934. The claimant claims damages for pain, suffering and loss of amenity as well as damages, including aggravated damages, for false imprisonment. It is the claimant's case not only that the medical, nursing and other staff at the defendant’s hospital owed her mother a duty to treat her with reasonable care and skill but also that the defendant had duties under the Mental Capacity Act 2005: to take reasonable steps to establish whether Mrs Esegbona lacked capacity before doing any act in connection with ..→
2019-02-042019 cases, Cases, Judgment available on MHLO, Judgment missing from Bailii, Transcript, Unlawful detention cases
R (Adegun) v SSHD [2019] EWHC 22 (Admin) — 

Damages for unlawful immigration detention "There are two bases of challenge to Mr Adegun's detention which, in broad outline, are as follows. ... There is first an issue, which I shall call the "rule 34 issue", as to whether Mr Adegun declined a medical examination pursuant to rule 34 of the Detention Centre Rules when he was taken into detention. ... The second issue I shall call the "paragraph 55.10 issue". It arises because there is evidence, not disputed by the Secretary of State, that Mr Adegun was suffering from a mental health condition which was not recognised by the Home Office until some time after his admission into detention and was not treated with medication until 19 January 2016. ... I therefore propose to award nominal damages in respect of the early period of Mr Adegun's detention and substantial damages in respect of 40 days' detention."

<div class="medium-4 columns" style="border-left:1px solid ..→
2019-01-122019 cases, Cases, Judgment available on Bailii, No summary, Repatriation cases, Transcript
Gill v Woodall [2009] EWHC B34 (Ch) — "The Claimant disputes the validity of Mrs Gill's will on two grounds. They are: (1) At the time Mrs Gill executed the will she did not know and approve its contents; (2) Mrs Gill executed the will as a result of coercion or pressure exerted by Mr Gill such as to overcome Mrs Gill's volition with the consequence the will was not the result of the free volition of Mrs Gill." 2018-10-232009 cases, Judgment available on Bailii, No summary, Testamentary capacity cases, Transcript
Mazhar v Lord Chancellor [2017] EWHC 2536 (Fam) — 
Inherent jurisdiction "This is a claim brought under sections 6, 7(1)(a), 8(1) and 9(1)(c) of the Human Rights Act 1998 against the Lord Chancellor in respect of a judicial act. The act in question is an order made by a High Court judge, Mr Justice Mostyn, who was the Family Division out of hours applications judge on the late evening of Friday, 22 April 2016. The order was made on the application of Birmingham Community Healthcare NHS Foundation Trust. It was an urgent, without notice, out of hours application made in respect of the claimant, Mr Aamir Mazhar. ... Mr Mazhar seeks to argue that the inherent jurisdiction cannot be used to detain a person who is not of unsound mind for the purposes of article 5(1)(e) of the Convention and that a vulnerable person's alleged incapacity as a result of duress or undue influence is not a basis to make orders in that jurisdiction that are other than facilitative of the person ..→
2018-05-222017 cases, Cases, ICLR summary, Inherent jurisdiction cases, Judgment available on Bailii, No summary, Transcript
LB Richmond v W [2001] QB 370 — "These four appeals involve an important issue as to whether charges can be levied by local authorities in relation to accommodation provided by them under section 117 of the Mental Health Act 1983 to persons who have been discharged from detention under section 3 of that Act." 2018-05-132000 cases, After-care, No summary, Transcript
R v Press Complaints Commission, ex parte Ian Stewart-Brady [1996] EWCA Civ 986 — "This is a renewed application for leave to apply for judicial review in relation to an adjudication of the Press Complaints Commission. ... The application arises out of a publication in The Sun newspaper on 26 July 1995. The publication contained an article relating to the applicant, Ian Brady, who was convicted of murder and is now a patient at the Ashworth Hospital. The effect of the article was that he was being treated in a way which was wholly inappropriate having regard to the very serious crimes which he had committed. No complaint, however, is made about the article. Although Mr Beloff certainly does not approve of its contents, he accepts that he cannot say that there was any justification for complaining about the article. His complaint is that the article has alongside it a substantial photograph of the applicant, albeit a photograph which is indistinct and does not show Mr Brady clearly. ... Looking at the matter as a whole, I do not think there is any prospect of this ..→2018-04-271996 cases, Judgment available on Bailii, Miscellaneous, No summary, Transcript
Re AB [2016] EWCOP 66 — "I am asked to, and I do approve, a treatment regime for AB, which involves the administration of medication to her on a basis of deception. Not merely passive deception, which, to use a legal phrase might be characterised as suppressio veri, but active deception, which lawyers might describe as suggestio falsi. It is debateable whether there is in fact much moral difference between the two types of deception, but what is being proposed here is a treatment regime, an administration of medication, on the basis of active deception of AB. I only have to state this for the unusual nature of the case to be revealed, but the circumstances in which these facts arise demonstrate that such a course is manifestly required in the best interests of AB, notwithstanding that her personal wishes and feelings would be entirely contrary to the course that is going to ensue. AB is infected with HIV. ... The order will provide, however, that if the truth emerges to AB and she moves to a position ..→2018-03-282016 cases, Judgment available on Bailii, Medical treatment cases, No summary, Transcript
Re SW (No 2) [2017] EWCOP 30 — 

Vexatious COP application "This is another utterly misconceived application by a son (the son) in relation to his mother, SW. ... The son's application as it was presented to the District Judge was, in my judgment, totally without merit, misconceived and vexatious. His application under Rule 89 is equally devoid of merit. It must be dismissed, with the consequence that the District Judge's order striking out the original application remains in place."

CASES DATABASE

Full judgment: ..→

2018-03-192017 cases, Cases, Judgment available on Bailii, No summary, Other capacity cases, Transcript
M v An NHS Trust [2017] MHLO 39 (UT) — 
Tribunal reasons "[T]he tribunal's decision was made in error of law, but not [set aside]. In my grant of permission, I identified two possible errors of law. ... One of those errors was that the tribunal's reasons might be inadequate for being 'long on history and evidence but short on discussion.' ... There is, in truth, only one thing that really has to be said about the quality of reasons, which is that they must be adequate. Everything else is merely application of that principle to the circumstances of a particular case. ... [T]he second possible error [is] that the 'tribunal's reasoning shows that it was confused about its role and the [relevance] of a community treatment order'. ... [T]he reasons at least leave open the possibility that the tribunal may have strayed outside its proper remit. ... The first three sentences read: 'A cardinal issue of this application is whether the patient should be discharged from ..→
2018-01-272017 cases, Cases, Judgment available on MHLO, Reasons, Transcript, Upper Tribunal decisions

External links

The following are the main sources of case transcripts/information:

See also: