2024

Cases Reported

R (Worcestershire County Council) v Secretary of State for Health and Social Care	1
Issue: If a person who had been detained under s3 Mental Health Act 1983 was placed in a different area as part of an after-care package provided for them under s117 of the 1983 Act, did that change their ordinary residence and who was responsible for after-care services if they were again detained and then discharged and left hospital?

PQR v Derbyshire Healthcare NHS Foundation Trust	14
Issue: Whether a First-tier Tribunal was correct to conclude that it did not have jurisdiction to consider the validity of a Community Treatment Order based on arguments that a procedural requirement for its extension was not met.

SF (as Nearest Relative of RB) v Avon and Wiltshire Mental Health Partnership NHS Trust and RB	20
Issue: Whether a Tribunal erred in upholding detention after finding that the treatment needed was not available on the ward where the patient was detained; whether interventions designed to protect against the risk of harm were medical treatment; whether the Tribunal erred in not adjourning; whether the appeal was academic as the patient had been discharged.

ML v (1) Priory Healthcare Ltd and (2) Secretary of State for Justice	28
Issue: Whether a Tribunal erred in law in not addressing the potential use of the Deprivation of Liberty provisions of the Mental Capacity Act 2005 when considering a patient detained under ss47/49 Mental Health Act 1983; whether its reasons were adequate.

SS v Cornwall Partnership NHS Foundation Trust (Mental Health)	35
Issue: Whether a Tribunal considering an application by a patient detained under s3 Mental Health Act 1983 had erred in not adjourning for information on an aftercare package.

R v Joseph Hawkridge	41
Issue: Whether a short sentence of imprisonment which had been suspended should be replaced by a hospital order under s37 Mental Health Act 1983 in relation to a person subject to civil detention under s3 of the 1983 Act; the procedural requirements when sentencing an offender with mental disorder.

R v Francis Devlin	49
Issue: Whether a custodial sentence for serious fraud offending should have been suspended in light of the impact on the defendant’s son, who had Autistic Spectrum Disorder.

Derbyshire Healthcare NHS Foundation Trust v Secretary of State for Health and Social Care	57
Issue: Whether Art 6(1) ECHR applied to and was breached by proceedings in which a criminal court ordered detention in a psychiatric hospital following a finding that the applicant committed criminal acts whilst lacking mental capacity, and a civil court ruled on the modalities of detention.

Zaichenko v Ukraine (No 2)	74
Issue: Whether detention for a psychiatric examination breached Art 5(1) ECHR; whether collection of information by the police breached Art 8.

Gorbatyuk v Ukraine	87
Issue: Whether Art 6(1) ECHR was breached when a person deprived of capacity could not seek its restoration; whether Arts 8 and 14 were breached.

Kaganovskyy v Ukraine	90
Issue: Whether detention in a closed unit in a social care setting breached Art 5(1) ECHR; whether Arts 5(4) and (5) were breached; whether conditions of detention breached Art 3; the approach to proof under Art 3; whether the matter should proceed in light of the death of the applicant.

R v Nyal Jordan Huskinson	108
Issue: Whether it had been proper to allow counts to lie on the file when a defendant made subject to hospital and restriction orders after findings that he was unfit to stand trial but had committed the act of one of the charges was remitted to the trial court by the Secretary of State but not produced at court (which would have brought the hospital and restriction orders to an end); the proper steps for the Court of Appeal to take, including in relation to costs.

V v Czech Republic	113
Issue: Whether the substantive aspect of Art 2 ECHR was breached in relation to a patient in a psychiatric hospital who died when restrained, tasered and tranquilised; whether the procedural aspect of Art 2 was breached by an inadequate investigation.

Miranda Magro v Portugal	144
Issue: Whether detention in a prison hospital for several months pending placement in a psychiatric hospital of a person sentenced to preventive detention after having been found to have committed criminal offences but not to be responsible owing to mental disorder breached Arts 3 and 5(1) ECHR in light of the conditions of detention and lack of treatment beyond medication; the approach to proof under Art 3; the need for general measures in light of the cause of breaches of the ECHR.

TA v Armenia	161
Issue: Whether in-patient detention was in breach of Art 5(1)(e) ECHR.

MP v Lithuania	165
Issue: Whether detention was lawful for the purposes of Art 5(1)(e) ECHR, including for a period of 15 days after release had been ordered.

R v “ABQ”	169
Issue: Whether fresh psychiatric evidence supporting the making of orders under ss37/41 Mental Health Act 1983 in place of an extended sentence for serious sexual offending against children should be admitted; whether the appellant was dangerous; the appropriate length of a custodial sentence in light of, inter alia, mental disorder.