Assessing the lawfulness of detention – Gasztony v SSHD

Assessing the lawfulness of detention – Gasztony v SSHD


CategoryNews Author Jennifer Thelen Date

Jennifer Thelen represented the Secretary of State in this challenge to detention brought by a person suffering from autism spectrum disorder.  The judgment considers the proper approach to be taken to assessing the lawfulness of detention when mental health care, on which release from detention is dependent, is being provided by someone outside of the control of the Secretary of State, here the local authority and NHS England.


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