R (GC) v Managers of the Kingswood Centre of Central and North West London NHS Foundation Trust (CO/7784/2008)
Thanks to Alex Ruck Keene of 39 Essex Chambers for this summary:
The case concerned a patient with OCD which manifested itself as a compulsion to pick up litter, even if that litter was in the road. The patient had been knocked down by vehicles but considered himself invincible. The managers at a hearing prompted by a barring order made by the RMO had decided that the patient suffered from a mental impairment for purposes of the Act; The patient’s mother challenged on the basis that the managers had erred in considering such behavior to be seriously irresponsible, relying on Newham LBC v Mr BS and SM. In a rolled up permission and substantive hearing, King J refused permission, but after full argument from the Claimant. He found that it was not arguable that BS set down as a proposition of law that a tendency to rush into the road could never amount to seriously irresponsible conduct.
It is not believed that a written judgment exists.
Although since November 2008, under the MHA 2007, the classification of mental impairment has been removed, it is still the case that learning disability must be "associated with abnormally aggressive or seriously irresponsible conduct" to count as a mental disorder in relation to certain provisions. See s1 for details.The earlier case of London Borough of Newham v BS  EWHC 1909 (Fam) (in which a total lack of road sense and a tendency to rush into the road without looking was not considered to be seriously irresponsible conduct for purposes of mental impairment) was not followed in GC.