Cases Reported

X and Y v Croatia 1
Issue: Whether proceedings to divest a person of capacity breached Art 6 ECHR; whether the institution of proceedings to divest another person of capacity breached Art 8
Stanev v Bulgaria 23
Issue: Whether a placement in a social care home arranged by a local authority guardian of a man declared to have impaired capacity was a deprivation of liberty for the purposes of Art 5 ECHR; whether the conditions of detention breached Arts 3 and/or 13; whether there was a breach of Art 6 in relation to proceedings to restore capacity; whether there was a breach of Art 8.
R v Stead 58
Issue: Whether a hospital and limitation direction should be added to a sentence of detention.
R v Raymond Chiles 60
Issue: Whether a restriction order was proper
Rabone and Rabone v Pennine Care NHS Foundation Trust 66
Issue: Whether the state was under an operational obligation under Art 2 ECHR to voluntary patients who were at real and immediate risk of death; whether parents of the deceased were victims for the purposes of s7(7) Human Rights Act 1998
Attorney General’s Reference No 54 of 2011 87
Issue: Whether the imposition of a hospital order with a restriction order was an unduly lenient sentence.
R v Safdar Haider Shah 92
Issue: Whether a restriction order was proper.
R (Sawida Sessay) v South London & Maudsley NHS Foundation Trust, Commissioner of Police for the Metropolis 94
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.
R v Tania Louise Goucher 107
Issue: Whether a restriction order was required.
R v Clark 109
Issue: Whether a custodial sentence should be replaced by a community rehabilitation order with a mental health treatment requirement
Gorobet v Moldova 113
Issue: Whether Art 5 ECHR was breached by admission to hospital not in accordance with domestic law; whether treatment in hospital breached Art 3; whether a failure to commence criminal proceedings breached Art 6.
R (DM) v Doncaster MBC 120
Issue: Whether charges for accommodation for a person detained under DOLS were lawful; whether accommodation was provided under s21 National Assistance Act 1948; whether there should be a different conclusion in light of s3 Human Rights Act 1998 and Art 14 ECHR and Art 1 of Protocol 1.
Secretary of State for Justice v RB 131
Issue: Whether a conditional discharge under s73 Mental Health Act 1983 was unlawful if the conditions amounted to a deprivation of liberty for the purposes of Art 5 ECHR.
Coombs v Dorset NHS Primary Care Trust and Nottingham Healthcare NHS Trust 144
Issue: Whether a patient detained under the Mental Health Act 1983 could pay for treatment.
R v Stephen Andrew Dowds 153
Issue: Whether acute involuntary intoxication was a “recognised medical condition” capable of reducing murder to manslaughter on the basis of diminished responsibility.
R (W) v Dr Fintan Larkin and Secretary of State for Justice 161
Issue: Whether a recommendation that a transferred prisoner be returned to prison was lawful; whether a warrant of transfer was lawful.
Tomašić and Others v Croatia 167
Issue: Whether the authorities’ failure to protect lives from acts of a man with a personality disorder breached the substantive obligations under Art 2 ECHR; whether the procedural obligation under Art 2 was breached by the failure to conduct an effective investigation into state responsibility.
Bik v Russia 181
Issue: Whether there was a breach of Art 5(1) ECHR when domestic time limits for an order for detention were not met; the requirements as to time limits when liberty was in question.
Sabeva v Bulgaria 186
Issue: Whether the conditions of detention in a hospital breached Art 3 ECHR; whether the process of detention breached Art 5.
Witek v Poland 196
Issue: Whether there were breaches of Arts 5(1) and/or 5(4) ECHR in light of the lack of updated evidence as to a detainee’s condition and the delay in hearing an appeal.
C (by his litigation friend, the Official Solicitor) v Blackburn with Darwen BC, a Care Home and Blackburn with Darwen Teaching Care Trust 202
Issue: C (by his litigation friend, the Official Solicitor) v Blackburn with Darwen BC, a Care Home and Blackburn with Darwen Teaching Care Trust
DD v Lithuania 209
Issue: Whether there were breaches of Arts 5 and 6 ECHR in relation to guardianship proceedings and admission to hospital; whether forced treatment breached Art 3 ECHR
DC v Nottinghamshire Healthcare NHS Trust and the Secretary of State for Justice 238
Issue: Whether an adjournment rather than the granting of a deferred conditional discharge was proper; the relationship between the two powers.
DD v Durham County Council and Middlesbrough City Council 245
Issue: Whether leave to bring proceedings, in accordance with s139 Mental Health Act 1983, should be given; the role of an AMHP in deciding the hospital in which a patient should be detained; whether one local authority can be responsible for an AMHP employed by another authority.
R v John Robert Parkins 249
Issue: Whether a restriction order was proper
R (GP) v Derby City Council 252
Issue: Whether an AMHP had been plainly wrong to determine that consultation with a nearest relative would have involved unreasonable delay.
MS v UK 259
Issue: Whether there was a breach of Art 3 ECHR in delays in admitting a mentally unwell person to hospital and holding them in a police station; whether the failure to grant a remedy in domestic proceedings breached Art 13; remedy.
R v Alan Kenneth Levey 268
Issue: Whether the minimum term of a life sentence for murder was too high in light of, inter alia, the defendant’s personality disorder and the effect of the delay to a guilty plea whilst evidence was being sought as to a potential issue of diminished responsibility.
DL v A Local Authority and Others 271
Issue: Whether the inherent jurisdiction of the High Court in relation to vulnerable adult who had capacity survived the introduction of the Mental Capacity Act 2005
R (RW) v Secretary of State for Justice 288
Issue: Whether it was lawful to return a prisoner from hospital to prison 6 months after his detention in hospital had been upheld by a Tribunal and it was accepted that ongoing treatment could be given in hospital; whether Art 3 ECHR was breached.
EC v Birmingham and Solihull Mental Health NHS Trust 292
Issue: Whether it was possible to appeal the failure of a Tribunal not to make an extra-statutory recommendation as to transfer or leave in the case of a restricted patient or the failure to give reasons as to the absence of such a recommendation.
R v Shaun Edward Tudor 300
Issue: Whether a sentence of imprisonment for public protection was improper as a judge had declined to adjourn to allow a further medical report, the report available having concluded that the defendant had an untreatable mental disorder
CNWL NHS Foundation Trust v H-JH 305
Issue: Whether a decision to discharge a CTO order, and to defer that discharge, was lawful.
R v Jamie Petrolini 308
Issue: Whether a conviction for murder was unsafe in light of updated medical evidence
R v B 310
Issue: Whether an interview of a defendant found unfit to stand trial should have been excluded from the trial of the facts
R v Darren John Yates 313
Issue: Whether a sentence of imprisonment for public protection on a defendant with schizophrenia was proper; the appropriate minimum term.
X v Finland 318
Issue: Whether detention in a psychiatric hospital for the purpose of obtaining a medical report and for treatment breached Art 5 ECHR; whether action taken in criminal proceedings, including the appointment of a trustee, breached Art 6; whether forced medication breached Art 8.
R v Carlton Fitzwarren Channer 350
Issue: Whether fresh evidence as to diagnosis meant that it was proper to replace a sentence of imprisonment for public protection with hospital and restriction orders
Munjaz v UK 351
Issue: Whether there were breaches of Arts 3, 5, 8 and 14 ECHR arising from the use of seclusion in accordance with a hospital policy which was different from national guidance in the processes followed.
Claire Selwood v Durham County Council, Tees, Esk and Wear Valleys NHS Foundation Trust and Northumberland, Tyne and Wear NHS Foundation Trust 373
Issue: Whether there was an arguable duty of care to a social worker employed by a local authority who was attacked by an informal patient allowed leave from hospital in light of joint working arrangements; whether there was an arguable claim under Art 2 ECHR.
SH v Cornwall Partnership NHS Trust 383
Issue: Whether a Tribunal considering an application to discharge a community treatment order had jurisdiction to consider whether treatment given without consent was appropriate and available
R v Paul Teasdale 387
Issue: Whether life sentences imposed in 1998 and 2000 should be replaced by hospital and restriction orders in light of fresh medical evidence.
R (NM) v Secretary of State for Justice 390
Issue: Whether an investigation into a sexual assault on a prisoner with learning difficulties was adequate.
AM v West London MH NHS Trust & Secretary of State for Justice 399
Issue: Whether a Tribunal had unlawfully failed to adjourn to seek more evidence about aftercare
R (Sunderland City Council) v South Tyneside Council 404
Issue: Whether and in what circumstances admission to hospital may alter a patient’s place of residence for the purposes of s117(3) Mental Health Act 1983, so as to change the local authority responsible for the provision of aftercare under that section.
View as
Sort by
Display per page