Re Whitbread (No 1) (Habeas Corpus: Compulsory Admission) [1997] EWCA Civ 1944

The ASW's [now AMHP's] consultation with the nearest relative under s11(4) can take place before his interview with the patient; the Act allowed for a flexible approach. Provided that the social worker explains to the NR that he is considering making an application and why, the NR will be afforded the necessary opportunity for objecting to the application.

Related cases


Tuesday, 24th June 1997

Before: Nourse LJ, Roch LJ, Phillips LJ

MR K GLEDHILL (instructed by Anthony Stokoe, Kingston Upon Thames) appeared on behalf of the Appellant Applicant.

MR R McCARTHY QC (instructed by the Hospital Managers, Tolworth Hospital) appeared on behalf of the First Respondent.

MR C LEWIS (instructed by the Legal Department, London Borough of Richmond) appeared on behalf of the Second Respondent.


(1998) 39 BMLR. 94; (1997) 94 (27) LSG 23; (1997) 141 SJLB 152; Times, July 14, 1997; [1997] COD 269

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