R (D) v SSHD [2004] EWHC 2857 (Admin)

Delay in transfer between hospitals.


Para 6: The Claimant's claim relates to the period of his detention at Stoke Heath between 21 January and 14 October 2003. He seeks:

(a) declarations that the Defendants delayed in securing his transfer to an appropriate hospital and thereby infringed his rights under Article 8 of the European Convention on Human Rights. The claim against the First Defendant was for a declaration that he had unlawfully failed to seek medical recommendations for the transfer of the Claimant to a hospital and failed to make the necessary direction under section 47 of the MHA; the claim against the First and the Second Defendant was that they had unlawfully delayed the making of referrals to hospital for the Claimant.
(b) damages for breach of his Convention rights.

Claim dismissed


R (D) v SSHD & The National Assembly for Wales

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