TTM (By His Litigation Friend Tm) (Claimant) V (1) Hackney London Borough Council (2) East London Nhs Foundation Trust (Defendants) & Secretary Of State For Health (Interested Party)
Mr Justice Collins has decided that, provided that there has been no fault by anyone involved in the decision making process which could lead to civil proceedings (namely negligence or bad faith), a detention under s.3 MHA 1983 founded upon a defective application is to be regarded as lawful until, if a defect is identified, the court so declares or decides that release must follow. Such a defective detention is therefore not unlawful for purposes of Article 5(1) ECHR, and no enforceable right to compensation arises under Article 5(5). Permission to appeal to the Court of Appeal has been granted on this point.
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