Mental health case law
▼ Mental health case law (5 categories, 2 pages)
|The mental health cases on this site are structured into categories and (where appropriate) sub-categories:
Mental Health Law Online currently contains 1914 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.
The following are the most recently-added 2018 cases:
|Page and summary||Date added to site||Categories|
|R (Hall) v SSJ  EWHC 1905 (Admin) — |
Autism in prison Unsuccessful judicial review by prisoner claiming breach of Equality Act 2010 reasonable adjustments duty.
|2019-03-17||2018 cases, Cases, Disability discrimination, Judgment available on Bailii, Prison law cases|
|London Borough of Hounslow v A Father & A Mother  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"
|2019-03-16||2018 cases, COP costs cases, Cases, Judgment available on Bailii|
|University Hospitals Birmingham NHSFT v HB  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 ..→
|2019-02-12||2018 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 ..→
|2019-02-04||2018 cases, Cases, Judgment missing from Bailii, Medical treatment cases|
|Whittaker v Hancock & Ors  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 ..→
|2019-02-03||2018 cases, Cases, Judgment available on Bailii, LPA cases - other, Testamentary capacity cases|
|R (Bate) v Parole Board  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." ..→
|2019-02-03||2018 cases, Cases, Judgment available on Bailii, Prison law cases|
|R (Jollah) v SSHD  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 ..→
|2019-01-29||2018 cases, Cases, ICLR summary, Judgment available on Bailii, Unlawful detention cases|
|A Local Authority v BF  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 ..→
|2019-01-22||2018 cases, Brief summary, Cases, Inherent jurisdiction cases, Judgment available on Bailii, Transcript|
|R v Tunstill  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 ..→
|2019-01-21||2018 cases, Cases, ICLR summary, Judgment available on Bailii, Other criminal law cases|
|LW v Cornwall Partnership NHS Trust  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 ..→
|2019-01-11||2018 cases, Brief summary, Cases, Judgment available on Bailii, Transcript, Upper Tribunal decisions|
|Lord Chancellor v Blavo and Co Solictors Ltd  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.
|2019-01-01||2018 cases, Brief summary, Cases, Judgment available on Bailii, Miscellaneous, Transcript|
|John Blavo v Law Society  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.
The ICLR have kindly agreed for their WLR (D) case report to be reproduced below.
The WLR Daily case summaries
Court of Appeal
Blavo v Law Society
2018 May 15, 16; Oct 16
Patten, Lewison, Moylan LJJ
|2019-01-01||2018 cases, Brief summary, Cases, ICLR summary, Judgment available on Bailii, Miscellaneous, Transcript|
|R (CXF) v Central Bedfordshire Council  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 ..→
|2018-12-20||2018 cases, After-care, Brief summary, Cases, ICLR summary, Judgment available on Bailii, Transcript|
|Re AB (Inherent Jurisdiction: Deprivation of Liberty)  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 ..→
|2018-12-19||2018 cases, Brief summary, Cases, Deprivation of liberty, ICLR summary, Inherent jurisdiction cases, Judgment available on Bailii, Transcript|
|Welsh Ministers v PJ  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.
|2018-12-17||2018 cases, Brief summary, Cases, Deprivation of liberty, Judgment available on Bailii, Powers, Transcript|
|EXB v FDZ  EWHC 3456 (QB) — |
"This case came before me on 23 April 2018 for the purpose of considering whether to approve the proposed settlement of a personal injuries action reached between the Claimant's Litigation Friend (his mother) and the Third and Fourth Defendants. The settlement required the approval of the court pursuant to CPR Part 21.10 because the Claimant was (and remains) a protected party. I gave my approval to the settlement. [I]t was thought by those who knew him best ... that it would be in the Claimant's best interests not to be told the amount at which the settlement had been achieved. ... The primary question, however, is whether I can conclude, on the balance of probabilities, that the Claimant cannot make for himself the decision about whether he should be told the value of the award. As Ms Butler-Cole says, this is difficult in the present case because 'by definition, the Claimant cannot be presented with the information relevant to the ..→
|2018-12-14||2018 cases, Cases, Judgment available on Bailii, No summary, Other capacity cases, Transcript|
|R v Kurtz  EWCA Crim 2743 — |
"The Registrar of Criminal Appeals has referred this application for permission to appeal against conviction and sentence to the Full Court. The application concerns the scope of the offence created by s 44(2) read, in this case, with s 44(1)(b) of the Mental Capacity Act 2005 ('MCA 2005) of which the Appellant was convicted. This provision has not previously been considered by the Court of Appeal. ... The essential question at the heart of this appeal is whether, on a prosecution for the offence contrary to s 44(2) read with s 44(1)(b), the prosecution must prove that the person said to have been wilfully neglected or ill-treated lacked capacity, or that the defendant reasonably believed that s/he lacked capacity. We shall refer to this as 'the lack of capacity requirement'. ... The submission by Ms Wade QC on behalf of the Appellant was that the existence of the EPA was not sufficient of itself to render the ..→
|2018-12-10||2018 cases, Cases, EPA cases - all, EPA cases - other, ICLR summary, Judgment available on Bailii, No summary, Transcript|
|SR v A Local Authority  EWCOP 36 — |
"At the hearing on 9th April 2018, A Local Authority applied orally for orders restricting SR's contact with her husband JR. A Local Authority sought orders preventing JR from taking SR out of the care home unless accompanied by a member of staff or a relative in the light of concerns on the part of A Local Authority about JR's expressed views in relation to euthanasia and other comments made by him from time to time. ... Whilst I accept that JR's comments have given rise to legitimate anxiety on the part of the professionals, I do not consider that there was adequate investigation into the reasons why JR has made such comments and what he understands by the notion of supporting euthanasia, which from his evidence related to the right to self-determination and dignity. ... However, he was consistent that he would never dream of hurting his wife. Is it safe for the court to take that assertion at face value in the light of his expressed ..→
|2018-11-29||2018 cases, Cases, Judgment available on Bailii, No summary, Other capacity cases, Transcript|
|Re RD (Deprivation or Restriction of Liberty)  EWFC 47 — |
"The court is concerned in this application with the circumstances of RD. She is 14½ years old. She is currently the subject of an application for a care order under Part IV Children Act 1989, and is in the interim care of Northumberland County Council. ... RD has been placed by the Local Authority at a residential placement in Scotland, which I shall call Lennox House. ... The issue for my determination is whether the regime which applies to RD at Lennox House deprives her of her liberty in such a way as to engage her Article 5 ECHR rights. ... The implications of my determination are not insignificant. If I were to find as a fact that RD is deprived of her liberty in Article 5 terms, I would feel obliged to adjourn the Part IV proceedings, and would propose that the Local Authority present a petition to the nobile officium of the Court of Session seeking authorisation of that Court for RD's deprivation of liberty ... If I find that ..→
|2018-11-29||2018 cases, Cases, Deprivation of liberty, Judgment available on Bailii, No summary, Transcript|
|SSJ v MM  UKSC 60 — |
The patient had capacity to and was prepared to consent to a conditional discharge requiring that he live at a particular place, which he would not be free to leave, and from which he would not be allowed out without an escort. (1) The Supreme Court decided 4-1 that the MHA 1983 does not permit either the First-tier Tribunal or the Secretary of State to impose conditions amounting to detention or a deprivation of liberty upon a conditionally discharged restricted patient. (2) The dissenting decision was that the tribunal has the power to impose such conditions so long as the loss of liberty is not greater than that already authorised by the hospital and restriction orders, and that this power does not depend on the consent of the (capacitous) patient.
|2018-11-28||2018 cases, Brief summary, Cases, Deprivation of liberty, ICLR summary, Judgment available on Bailii, Powers, Transcript|
The following are the 10 most recently-added cases with the exception of 2018 cases:
|Page and summary||Date added to site||Categories|
|Esegbona v King’s College Hospital NHS Foundation Trust  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 ..→
|2019-02-04||2019 cases, Cases, Judgment missing from Bailii, Transcript, Unlawful detention cases|
|R (Adegun) v SSHD  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."
|2019-01-12||2019 cases, Cases, Judgment available on Bailii, No summary, Repatriation cases, Transcript|
|Gill v Woodall  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."||2018-10-23||2009 cases, No summary, Testamentary capacity cases, Transcript|
|Re D (A Child)  EWCA Civ 1695 — "This is an appeal from an order of Keehan J sitting in the Court of Protection dated 15 March 2016, following a judgment handed down on 21 January 2016: Birmingham City Council v D ,  PTSR 1129. Permission to appeal was granted by McFarlane LJ on 14 June 2016. The proceedings related to D, who was born on 23 April 1999, and was therefore 16 years old when the matter was heard by Keehan J in November 2015. Similar issues in relation to D had been before Keehan J in the Family Division earlier in 2015 when D was 15 years old, judgment (which was not appealed) having been handed down on 31 March 2015: Re D (A Child) (Deprivation of Liberty) , .. In each case, the essential question was whether D was being deprived of his liberty within the meaning of and for the purposes of Article 5 of the European Convention for the Protection of Human Rights and Fundamental Freedoms."||2018-10-23||2017 cases, Deprivation of liberty, No summary, Transcript|
|Mazhar v Lord Chancellor  EWHC 2536 (Fam) — "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 recovering, retaining or exercising his capacity. His removal and detention were ..→||2018-05-22||2017 cases, Inherent jurisdiction cases, No summary, Transcript|
|LB Richmond v W  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."||2018-05-13||2000 cases, After-care, No summary, Transcript|
|R v Press Complaints Commission, ex parte Ian Stewart-Brady  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 ..→||2018-04-27||1996 cases, Miscellaneous, No summary, Transcript|
|Jhuti v Royal Mail Group Ltd (Practice and Procedure) (2017) UKEAT 0062/17 — Summary from judgment: "While there is no express power provided by the ETA 1996 or the 2013 Rules made under it, the appointment of a litigation friend is within the power to make a case management order in the 2013 Rules as a procedural matter in a case where otherwise a litigant who lacks capacity to conduct litigation would have no means of accessing justice or achieving a remedy for a legal wrong."||2018-03-28||2017 cases, Brief summary, ICLR summary, Miscellaneous, Transcript|
|Re SW  EWCOP 7 — (1) "[A]s matters stand, the transplant being proposed cannot proceed, whatever the court may say or do. As it has been presented to the court, this scarcely coherent application is totally without merit, it is misconceived and it is vexatious. It would be contrary to every principle of how litigation ought to be conducted in the Court of Protection, and every principle of proper case management, to allow this hopelessly defective application to proceed on the forlorn assumption that the son could somehow get his tackle in order and present a revised application which could somehow avoid the fate of its predecessor." (2) "As against the son, the claim for costs could not, in my judgment, be clearer. Given everything I have said, this is the plainest possible case for departing from the ordinary rule, set out in rule 157 of the Court of Protection Rules 2007, and applying the principles set out in rule 159. ... [B]oth Dr Waghorn and Dr Jooste, in my judgment, are persons against whom a ..→||2018-03-28||2017 cases, COP costs cases, Medical treatment cases, No summary, Reporting restriction order cases, Transcript|
|Re AB  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 ..→||2018-03-28||2016 cases, Medical treatment cases, No summary, Transcript|
The following are the main sources of case transcripts/information:
- Bailii - including Court of Protection decisions on Bailii
- Upper Tribunal (Administrative Appeals Chamber) website - decisions
- MoJ/OPG website (archived)
- Readers of the website submitting previously-unpublished decisions (see Help page for contact details, and Contributors).
- Upper Tribunal case summary document (January 2016) — This is a document issued to tribunal judges as guidance. The summary of PJ v A Local Health Board  UKUT 480 (AAC),  MHLO 63 (in relation to the tribunal's role when faced with an ECHR breach) effectively rephrases as correct the position found to be unlawful by the Upper Tribunal (whose decision has since been overturned on appeal). The summary of WH v Partnerships in Care  UKUT 695 (AAC),  MHLO 132 (in relation to the appropriate medical treatment test applying to the detaining hospital only) appears to contradict the ratio of the Upper Tribunal decision. See the case law pages for further details.
- Aasya Mughal and Steven Richards, 'Deprivation of Liberty Safeguards Case Law Summary 2015-18' (January 2018 edition, 30/1/18) — This two-page document summarises selected domestic and European caselaw on deprivation of liberty between 2016 and 2018 inclusive. Superseded by Aasya Mughal and Steven Richards, 'Deprivation of Liberty Safeguards Case Law Summary 2016-18' (February 2018 edition, 8/3/18).
- Government website: Case Tracker for Civil Appeals