Section 17 leave cases

The old category structure used on this page is comprehensive as it contains every relevant case. The new database structure was introduced in 2019. It is more potentially useful than the old categorisation system: it includes all cases since January 2017, but only a minority of older cases: 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
* DOL during conditional discharge Cumbria, Northumberland, Tyne and Wear NHS Foundation Trust v EG [2021] EWHC 2990 (Fam)This decision demonstrates the Heath Robinson nature of today's mental health law. (1) The Supreme Court decision in MM meant that the patient could no longer remain conditionally discharged because he was being deprived of his liberty within the meaning of Article 5, so he was made subject to a "technical recall" and remained in the community on s17 leave under the same conditions. (2) The MHT then conditionally discharged him again, having correctly applied other domestic case law, because he was receiving no treatment in hospital so could not remain on s17 leave. (3) The SSJ would recall him to hospital if DOL in the community could not be authorised. (4) The court held that this outcome would violate the patient's Article 5(1) rights because being in hospital, even as an out-patient, was counter-therapeutic. (5) In order to avoid this violation, s72 should be read and given effect under s3 Human Rights Act 1998 so that "suffering from mental disorder ... which makes it appropriate for him to be liable to be detained in a hospital for medical treatment" includes liability to be "detained for treatment", even where that treatment is being provided in the community, so long as it could lawfully be provided in hospital. (6) Obiter, the inherent jurisdiction does not extend to depriving a person with capacity of his liberty, so could not have been used in this case. 2021‑11‑16 23:08:10

* Discharge from long s17 leave DB v Betsi Cadwaladr University Health Board [2021] UKUT 53 (AAC)(1) For it to remain "appropriate for [a patient] to be liable to be detained in a hospital for medical treatment" a significant component of his treatment must be in hospital. Liability to detention is not a fallback when other options (e.g. CTO, conditional discharge, MCA) are unsuitable or unavailable: if the statutory conditions for (liability to) detention are not met, the tribunal must direct discharge. (2) The patient in this case had been on s17 leave for 11 months without any contact with any hospital. The tribunal should have analysed the components of his treatment, as broadly defined in s145, then decided the extent to which they were being delivered in hospital, but had failed to do so. (3) The case was remitted to the MHRT for Wales. 2021‑04‑07 19:21:21

* Long s17 leave KL v Somerset Partnership NHS Foundation Trust [2011] UKUT 233 (AAC)Treatment in hospital and "long leash" s17 leave. "Hospital" is defined so widely that this encompasses out-patient reviews at a local Community Mental Health Treatment Base. 2011‑07‑20 19:58:28 2011 cases, Cases, Judgment available on Bailii, Section 17 leave cases, Upper Tribunal decisions

* Long s17 leave R (DR) v Mersey Care NHS Trust [2002] EWHC 1810 (Admin)Renewal of section while on long-term s17 leave. 2009‑10‑31 18:04:06 2002 cases, Cases, Judgment available on Bailii, Section 17 leave cases, Upper Tribunal decisions

* Long s17 leave R (CS) v MHRT [2004] EWHC 2958 (Admin)Unsuccessful challenge to Tribunal's decision not to discharge patient who was on long-term section 17 leave. 2006‑04‑15 19:34:55