It is perhaps slightly surprising that Right Care, Right Person should make its first reported appearance in case-law in the… Read more
Right Care, Right Person before the courts
Category: Mental Health
A legal framework under intense stress: the MHA 1983 under the judicial microscope
One of the most difficult areas where the law runs up against practical realities is in relation to addressing the… Read more
Intellectual disability, psychiatric admissions and Article 3 – the European Court of Human Rights raises the stakes
In VI v Moldova [2024] ECHR 251, the European Court of Human Rights considered the placement of a 15 year… Read more
When (not) to rely upon capacity?
In Lukes v Kent & Medway NHS & Social Care Partnership Trust & Anor [2024] EWHC 753 (KB) Julian Knowles… Read more
Capacity, autonomy and the limits of the obligation to secure life
R (Parkin) v His Majesty’s Assistant Coroner for Inner London (East) [2024] EWHC 744 (Admin) is an important, but curious,… Read more
If you do not know you are doing wrong, can you sue for not being prevented from doing it?
If you have been found by a criminal court that you did not know what you were doing was wrong… Read more
Long-term s.17 MHA leave: a further go-round (by analogy) before the Supreme Court
In Re RM Application for Judicial Review (Northern Ireland) [2024] UKSC 7, the provisions of the Mental Health Order (Northern Ireland) 1986 came… Read more
Remote assessments and MHA renewals – the High Court rules them out
In Devon Partnership NHS Trust v SSHC [2021] EWHC 101 (Admin), handed down on 22 January 2021, the Divisional Court held that… Read more
Tier 4 CAMHS, detainability under the Mental Health Act 1983 and (righteous) judicial frustration
Lancashire County Council v X [2023] EWHC 2667 (Fam) was rightly described by the judge as extremely disturbing, involving the… Read more
‘Warehousing’ and the limits of appropriate treatment under the MHA 1983 – important new Upper Tribunal case
The issue facing the Upper Tribunal in SF v Avon and Wiltshire Mental Health Partnership [2023] UKUT 205 (AAC) was crisply… Read more