Birmingham CC v SR; Lancashire CC v JTA

Mental Capacity Law Cases

Birmingham CC v SR; Lancashire CC v JTA


Summary Two local authorities made streamlined Re X applications on COPDOL11 forms to authorise the deprivation of liberty of two individuals who were either about to be (SR), or had… Read more »

CategoryArticle 5 ECHR - DOLS authorisations, Article 5 ECHR - DOLS Ineligibility, Mental Health Act 1983 - Interface with MCA, Mental Health Act 1983 - Conditional Discharge Date

M v ABM University Health Board


Summary With the Legal Aid Agency having taken more than a year to determine the patient’s funding application, this appeal finally reached the Upper Tribunal to consider the disclosure of… Read more »

CategoryMental Health Act 1983 - Interface with MCA Date

Djaba v West London MH Trust and others


Summary Since 2014, Mr Djaba had been accommodated in a “super seclusion suite” at Broadmoor under a restricted hospital order (Mental Health Act 1983 ss37/41). Built entirely for his confinement,… Read more »

CategoryArticle 8 ECHR - Contact, Article 5 ECHR - Deprivation of liberty, Mental Health Act 1983 - Interface with MCA Date

Secretary of State for Justice v MM; Welsh Ministers v PJ


Summary This long-awaited decision considers the fall-out of Cheshire West in relation to conditional discharges (‘MM’) and community treatment orders (‘PJ’) under the Mental Health Act 1983. The appeals proceeded… Read more »

CategoryArticle 5 ECHR - DOLS authorisations, Mental Health Act 1983 - Interface with MCA, Mental Health Act 1983 - Conditional Discharge Date

Betsi Cadwaladr University Local Health Board v Miss W


Summary The potential tragedy in this case is summed up in its final paragraph: I know that W understandably considers that she has in some way failed. I certainly do… Read more »

CategoryBest interests - Medical treatment, Mental Health Act 1983 - Interface with MCA Date

A Hospital NHS Trust v (1) CD (2) A Mental Health Trust


Summary The issue in this case was whether it was in the best interests of a 43 year old woman, CD, who suffered from paranoid schizophrenia to have a total… Read more »

CategoryBest interests - Medical treatment, Mental Health Act 1983 - Interface with MCA Date

PJ v A Local Health Board and Others


Summary Charles J, sitting as President of the Upper Tribunal (Administrative Appeals Chamber) has extended the conclusions reached in KD v A Borough Council and the Dep of Health [2015]… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty, Mental Health Act 1983 - Interface with MCA, CTOs Date

Secretary of State for Justice v KC and C Partnership NHS Foundation Trust


Summary Ever since the decision in SSJ v RB [2011] EWCA Civ 1608 it has been difficult to discharge restricted patients from detention under the Mental Health Act 1983. Often… Read more »

CategoryArticle 5 ECHR - DOLS authorisations, Mental Health Act 1983 - Interface with MCA, Mental Health Act 1983 - Conditional Discharge Date

KD v A Borough Council and others


Summary KD had Korsakov’s Syndrome and, following his detention under the Mental Health Act 1983, had been subject to guardianship since 2012. He was required to reside in a care… Read more »

CategoryArticle 5 ECHR - DOLS Ineligibility, Mental Health Act 1983 - Interface with MCA, Mental Health Act 1983 - Guardianship Date

A Local Health Board v AB


Summary If there ever had been reason to doubt that Schedule 1A to the MCA 2005 is irredeemably flawed, this case is it. The facts of the case are tragic,… Read more »

CategoryArticle 5 ECHR - DOLS Ineligibility, Mental Health Act 1983 - Interface with MCA Date

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