MHLR 2018

To do - add remaining cases from 2018, then link to from any existing MHLO pages.

ContentMHLO page

Atudorei v Romania – ECtHR – [2018] MHLR 1
Points: The placement of a young adult in a public psychiatric hospital and treatment on the basis of parental consent breached Art 5(1): it breached domestic law as inadequate reasons were provided for detention and no independent review by a medical commission or authorisation by a court; and the necessity of detention was not demonstrated. There was also a breach of Art 8 from treatment without consent in breach of domestic law. The use of Clozapine did not arise to the severity necessary to breach Art 3.


Hiller v Austria – ECtHR – [2018] MHLR 21
Points: The suicide of a patient who absconded from a psychiatric hospital in response to improvements in his condition did not reveal a breach of Art 2 ECHR.


R v Hamberger – Court of Appeal – [2018] MHLR 33
Points: A trial had been fair even though the defendant was unable to attend for health reasons: whilst the it was not possible to make use of the special measures under the Youth and Criminal Evidence Act 1999 (as there was no mental disorder), arrangement could have been made to use a defence statement or an audio or video account from the defendant under the hearsay provisions of the Criminal Justice Act 2003.


A–MV v Finland – ECtHR – [2018] MHLR 40
Points: On the facts, preventing a man with intellectual disabilities from living where he wished did not breach Art 8 ECHR and/or Art 2 of Protocol 4 as the proportionality requirement was met.


DOL damages Breach of Articles 5 and 8, but not Article 8, relating to hospital admission.

The summary below has been supplied by Kris Gledhill, Editor of the Mental Health Law Reports. The full report can be purchased from Southside Online Publishing (if there is a "file not found" error, it means this particular report is not yet available online). Other case summaries from the year 2018 are available here: MHLR 2018. 

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Text:[2018] MHLR 1


Full judgment: BAILII


  • Deprivation of liberty🔍

Date: 16/9/14🔍

Court: European Court of Human Rights🔍



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Published: 3/11/18 21:50

Cached: 2021-04-17 23:57:37



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