CX v A Local Authority [2011] EWHC 1918 (Admin)

A writ of habeas corpus was granted: (1) there had not been sufficiently informed consultation with the nearest relative before the s3 application was made; (2) the withdrawal of the nearest relative's objection was not full and effective, since it was the result of the incorrect and misleading advice that she could not maintain the objection without legal representation. [Judgment originally published under a different name.]

Other

Judgment: 20/4/11

Before: Spencer J

Mr V Sachdeva (instructed by Ben Hoare Bell) appeared on behalf of the Claimant.

Mr J Swirsky (instructed by 'A Local Authority') appeared on behalf of the Defendant.

The Interested Party did not appear and was not represented.

Citations

The case was previously published under a different name, but it has subsequently been further anonymised so as not to name the hospital, local authority or local authority lawyer, and to give pretend initials to the previously-anonymous people.

CX v S Local Authority

Case No: CO/3451/2011

[2011] All ER (D) 208 (Jul)

External link

BAILII!

Local Government Lawyer, 'Judge grants writ of habeas corpus over unlawful detention in mental hospital' (11/8/11)