Divisional Court provides important ruling upon detention of the mentally disordered pending their admission under the Mental Health Act 1983.

Divisional Court provides important ruling upon detention of the mentally disordered pending their admission under the Mental Health Act 1983.


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The Divisional Court has ruled that the complete code provided for the detention of the mentally disordered within the Mental Health Health Act 1983 excludes theoperation of the doctrine of necessity to justify detention of the non-compliant incapacitated pending admission under the Act, but that a Hospital Trust’s policy providing for detention for up to 8 hours pending admission was lawful.

Click on the link below to read the approved judgment:

https://www.39essex.com/resources/case_listing.php?id=2647


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