R (Mitocariu) v Central and North West London NHS Foundation Trust  EWHC 126 (Admin)
Pocket money used to be provided under MHA 1983 s122 but this no longer applies in England.
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). More similar case summaries from the year 2018 are available here: MHLR 2018.
R ((1) Silviu Mitocariu (2) Costica Lazarel) v Central and North West London NHS Foundation Trust - Administrative Court –  MHLR 89
Point: There is a power under ss43, 46 and 47 Care Act 2012, but not a duty, to make payments to patients detained under the Mental Health Act 1983 to allow them to make purchases of basic items; the non-use of the power on the facts was not unlawful.
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The WLR Daily case summaries
Regina (Mitocariu and another) v Central and North West London NHS Foundation Trust
David Casement QC sitting as a deputy High Court judge2017 Dec 12; 2018 Jan 31
National Health Service— NHS Foundation Trusts— Provision of financial assistance— Patient detained pursuant to hospital order— Patient requesting payment for personal expenses— Scope and nature of trust’s power to make payment to patient— Whether trust lawfully exercising power— Whether duty to make payment— National Health Service Act 2006 (c 41), ss 43, 46, 47
An NHS foundation trust has power under sections 46 and 47 of the National Health Service Act 2006 to make occasional payments to inpatients but only where they are for the purposes of or in connection with its functions under section 43 of the 2006 Act. The amount, timing and frequency of those payments are a matter for the discretion of the trust taking into account all relevant factors including financial needs and the specific therapeutic requirements of the patient. The discretion of a trust to make payments is limited to that which is commensurate with their therapeutic treatment being provided. There is no entitlement to such payment nor is there a duty to make payment (paras 25, 27, 28–29, 31, 33, 38, 40).
Where, therefore, the claimants were detained pursuant to hospital orders made under the Mental Health Act 1983 and their requests for pocket money under section 122 of the 1983 Act, as amended, in respect of occasional personal expenses were refused by the defendant NHS foundation trust, and the claimants contended that they were entitled to payments in respect of occasional personal expenses where they would otherwise be without resources to meet those expenses—
Held, claim dismissed. Since the trust regularly inquired as to the claimants’ financial needs and those needs were met by the trust in a manner commensurate with the therapeutic treatment being provided, the trust had exercised its power to make payments lawfully, notwithstanding the absence of a policy to prevent arbitrary treatment (paras 32, 37, 41).
Adam Wagner and Jessica Elliott (instructed by Appleman Legal) for the claimants.
Parishil Patel (instructed by RadcliffesLeBrasseur) for the trust.
Reported by: Fraser Peh, Barrister