R (Sawida Sessay) v South London & Maudsley NHS Foundation Trust, Commissioner of Police for the Metropolis

Author / Contributor: Kris Gledhill

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	R (Sawida Sessay) v South London & Maudsley NHS Foundation Trust, Commissioner of Police for the Metropolis

Issue:	Whether a person could be removed from her home to a place of safety on the grounds of mental disorder other than under ss135 and 136 Mental Health Act 1983; whether there was a false imprisonment and/or a breach of Art 5 ECHR by confinement for 13 hours without those statutory powers being used; whether the common law defence of necessity applied in relation to detention on the grounds of mental disorder; the role of the Mental Capacity Act 2005.

Court:	Divisional Court

Reference:	CO/11581/2010

Neutral Citation:	[2011] EWHC 2617 (QB)

Judge(s):	Pitchford LJ, Supperstone J

Date:	13 October 2011