Mental health case law

Revision as of 16:09, 26 March 2020 by Jonathan (talk | contribs)


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).
Case law - by subject matter(18 categories)
Anonymisation cases(4 pages)
Capacity and DOL(20 categories)
Classification(2 categories)
Community care and after-care(3 categories)
Criminal law cases(10 categories)
Disability discrimination(19 pages)
Inquests(31 pages)
Mental Health Tribunals(15 categories)
Ministry of Justice(29 pages)
Miscellaneous(218 pages)
Nearest relative cases(3 categories, 2 pages)
Odds and sods(2 categories)
Repatriation cases(79 pages)
SRA decisions(12 pages)
Test category(empty)
Welfare benefits cases(11 pages)

New database structure

The new database structure introduced in 2019 is more potentially useful than the old categorisation system: see Special:Drilldown/Cases. Currently, 230 of this website's 2057 categorised cases have been transferred to the new database (1827 cases still to add!)

Absolute or conditional discharge (1)   Advance decision cases (1)   After-care (10)   Anonymisation cases (1)   Best interests (6)   Bias (2)   Capacity to consent to sexual relations (9)   Change of status after application made (2)   Community care (4)   COP costs cases (5)   Criminal law capacity cases (2)   Deprivation of liberty (20)   Deprivation of liberty - children (8)   Deputyship cases (3)   Diminished responsibility cases (2)   Disability discrimination (1)   Discharge conditions (1)   ECHR deprivation of liberty cases (1)   EPA cases - all (1)   EPA cases - other (1)   First-tier Tribunal decisions (1)   Hospital managers hearings (2)   Hybrid order cases (2)   Inherent jurisdiction cases (9)   Inquests (3)   LGO decisions (8)   Life sentence cases (3)   Litigation capacity cases (4)   Litigation friend cases (5)   LPA cases - all (2)   LPA cases - other (3)   Medical treatment cases (31)   MHT capacity cases (3)   Miscellaneous (28)   Other capacity cases (21)   Other criminal law cases (4)   Other NR cases (2)   Other Tribunal cases (1)   Powers (13)   Prison law cases (11)   Reasons (5)   Repatriation cases (12)   Reporting restriction order cases (3)   Restriction order cases (1)   Sentence appeal cases (6)   SRA decisions (3)   Statutory will cases (1)   Testamentary capacity cases (5)   Unfitness and insanity cases (1)   Unlawful detention cases (5)   Upper Tribunal decisions (18)   Welfare benefits cases (1)  

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.

2020 cases

The following are the most recently-added 2019 cases:

The new database structure introduced in 2019 is more useful than this Category page: see Special:Drilldown/Cases.The pages below are initially ordered according to the dates on which they were added to the site (most recent first). The order can be changed by clicking on the symbol beside a column heading: click on the symbol beside "Page and summary" for alphabetical order; click beside "Categories" for the order in which the cases were reported. Click on the arrow symbol again to reverse the order. Click on a page name to view the relevant page. Asterisks mark those cases which have been added to the new database structure.

Case and summary Date added Categories
* Appeal against IPP R v Stredwick [2020] EWCA Crim 650"In this appeal the appellant invites the court to quash the sentence of imprisonment for public protection imposed in 2008 and make an order pursuant to section 37 of the Mental Health Act 1983 ("the 1983 Act") for his admission or continued detention at Ty Gwyn Hall Hospital, Abergavenny. The appellant also invites the court to make an accompanying Restriction Order without limit of time under section 41 of the 1983 Act. The Crown does not oppose this appeal, nor the orders sought." 2020‑05‑21 21:51:40 Judgment available on Bailii, Cases, 2020 cases, Sentence appeal cases

* Section status and aftercare Tees, Esk and Wear Valleys NHS Foundation Trust (19 012 290a) [2020] MHLO 21 (LGSCO)"Summary: The Ombudsmen find there was fault by a Trust in giving a family incorrect information about a mental health patient’s status. When this came to light it caused the patient’s wife considerable stress which has not yet been fully addressed. The Ombudsmen also find that fault by a Council meant the patient’s wife suffered this stress for too long. The Ombudsmen has recommended small financial payments to act as an acknowledgement of the outstanding injustice." 2020‑05‑21 21:47:57 Cases, 2020 cases, After-care, LGO decisions

* Testamentary capacity Clitheroe v Bond [2020] EWHC 1185 (Ch)"This is a bitter family dispute between the Claimant brother and Defendant sister as to whether their mother, the deceased, had testamentary capacity to make each of her two wills and in addition or in the alternative whether either or both wills resulted from fraudulent calumny." 2020‑05‑21 21:42:00 Judgment missing from Bailii, Cases, 2020 cases, Testamentary capacity cases

* Successful s45A appeal R v Westwood [2020] EWCA Crim 598"In the circumstances of this case there was a sound reason for departing from the need to impose a sentence with a "penal element". In view of the low level of the appellant's "retained responsibility", the likelihood that for the rest of his life he will need psychiatric treatment and supervision that can most effectively be provided through orders under sections 37 and 41 of the Mental Health Act, and the likely advantages in this case of the regime for and on his release under such orders when compared to an order under section 45A, we consider that that is the right disposal here." 2020‑05‑07 21:54:27 Judgment available on Bailii, Cases, 2020 cases, Hybrid order cases

* Direction for postponement of CTO hearing set aside Re B [2020] MHLO 18 (FTT)The initial decision indefinitely to postpone a CTO patient's hearing (in accordance with Mental Health Tribunal, 'Order and directions for all community patients who are subject to a CTO or conditional discharge and who have applied or been referred to the tribunal for the duration of the Pilot Practice Direction' (26/3/20)) was set aside by the First-tier Tribunal. 2020‑04‑30 10:45:25

* Access to records of deceased patient Re AB [2020] EWHC 691 (Fam)The Access to Health Records Act 1990 states that "[a]n application for access to a health record, or to any part of a health record, may be made to the holder of the record by ... where the patient has died, the patient's personal representative and any person who may have a claim arising out of the patient's death" but limits this as follows: "access shall not be given ... to any part of the record which, in the opinion of the holder of the record, would disclose information which is not relevant to any claim which may arise out of the patient's death." The two categories are disjunctive and the reference to "a claim arising out of the patient's death" is expressly tied to the second, and not to a personal representative. 2020‑04‑28 19:20:43 ICLR summary, Judgment available on Bailii, Cases, 2020 cases, Miscellaneous

* Audio recording of neuropsychological testing MacDonald v Burton [2020] EWHC 906 (QB)(1) The defendant was allowed to carry its neuropsychological examination of the claimant without being subjected to any kind of recording of that examination: a level playing field could not be achieved where the claimant had not recorded the examination and testing by his own expert but where the examination testing by the defendant's expert was so recorded. (2) The judge discussed the question of any privilege which may exist in any recordings that are made. (3) The judge hoped that the forthcoming British Psychological Association guidance would recognise the competing interests and would not merely state that psychological examinations and testing should never be recorded. 2020‑04‑23 21:38:21 Judgment available on Bailii, Cases, 2020 cases, Miscellaneous

* Direction for all-female panel Re A [2020] MHLO 14 (FTT)In this (non-binding) interlocutory decision, a decision to refuse the patient's request for an all-female panel was set aside. The main factor was the overriding objective, in particular ensuring, so far as practicable, that the parties are able to participate fully: the patient's mental state meant that she could only attend the hearing or pre-hearing medical examination if the panel were all female. The judge referred to obiter guidance on single-sex panels in a social entitlement case, which referred to "appeals involving sensitive and uniquely female medical conditions" (the other category was "cases raising cultural issues about the giving of evidence"), and noted that the arguments in this case were even more clear cut. 2020‑04‑14 20:19:50

* All-male and all-female panels CB v SSWP [2020] UKUT 15 (AAC)(1) It was unlawful of the tribunal to hear the ESA appeal in the applicant's absence; the decision was set aside and the case remitted to a new panel. (2) The judgment contains obiter comments about the request for an all-female panel. 2020‑04‑14 14:47:35

* Inherent jurisdiction and DOL Hertfordshire CC v K [2020] EWHC 139 (Fam)"In this matter, the question before the court is whether it should grant a deprivation of liberty order (hereafter a DOL order) under the inherent jurisdiction of the High Court in respect of AK, born in 2003 and now aged 16." 2020‑04‑02 15:27:37 Judgment available on Bailii, Cases, 2020 cases, Deprivation of liberty, Inherent jurisdiction cases


External links

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

See also: