PJ v A Local Health Board and Others

Mental Capacity Law Cases

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

NM v Kent County Council


This judgment considers the relationship between DoLS and guardianship. Mr M was in his early forties and was described as having mild learning disability and paedophilic sexual interests. He had previously set fires alight, been verbally and physically aggressive, hoarded materials relating to children, and sought to contact them by dropping notes in the street inviting them to contact him.

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

AMA v Greater Manchester West Mental Health NHS Foundation Trust and others


Summary In this case, the First-tier Tribunal (‘FfT’) was found by Charles J (as President of the Upper Tribunal (AAC)) to erred in acceding to the request of a welfare… Read more »

CategoryMental Health Act 1983 - Interface with MCA Date

Nottinghamshire Healthcare NHS Trust v RC


This is the sequel to the case of Nottinghamshire Healthcare NHS Trust v J [2014] EWHC 1136 (COP) that we reported in our May newsletter. The case concerned RC (known… Read more »

CategoryMental Health Act 1983 - Interface with MCA Date

Nottinghamshire Healthcare NHS Trust v J


Summary: In this case the judge was asked to consider an urgent without notice application in a medical treatment case. The case concerned J, a young man aged 23 who… Read more »

CategoryMental Health Act 1983 - Interface with MCA Date

MH v United Kingdom


Summary: This decision is the outcome of the challenge to the House of Lords’ decision in R (MH) v Secretary of State for Health [2006] 1 AC 441. MH was… Read more »

CategoryMental Health Act 1983 - Interface with MCA Date

AM v (1) South London & Maudsley NHS Foundation Trust & (2) The Secretary of State for Health


Summary: It is with some trepidation that we will seek to summarise this comprehensive decision of Charles J It is of significance to all those, including the First-tier Tribunal (‘FTT’),… Read more »

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

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