Re P (fair trial); Knowsley MBC v P [2013] MHLO 5 (COP)

The press has reported this case as follows: (1) A patient was detained in a psychiatric hospital, then transferred to a psychiatric home; when the six-month section was due to expire, the council obtained a Court of Protection order to prolong detention, without consultation with the patient, her family or her advocate. (2) Peter Jackson J approved a consent order in which the council (a) admitted, in relation to the two months of further detention, violating the patient's Article 5 (liberty), Article 6 (fair trial) and Article 8 (family life) rights, and (b) agreed to pay £6,000 compensation. (3) The patient was allowed home following legal intervention and an occupational therapy assessment. (4) The patient was quoted as saying 'I was held prisoner, it's as simple as that. Even though it's been months since I was able to come home, I still can't sleep. I feel like I just can't trust anyone. I'm constantly worried that they're going to turn up and take me away again.'

External links

No Bailii link (neutral citation is unknown or not applicable)

Terri Judd, 'Pensioner "held prisoner" by local council wins legal victory' (Independent, 8/2/13)

Fentons Solicitors, 'Court victory for woman "held prisoner and denied fair trial" by council' (8/2/13)