Mental health case law

Mental health case law(5 categories, 2 pages)
Case law - by jurisdiction(4 categories, 1 pages)
Case law - by subject matter(17 categories)
Case law - by summary type(7 categories)
Case law - by year(38 categories)
The mental health cases on this site are structured into categories and (where appropriate) sub-categories:
  • To browse through categories and cases, click on the ▼ and ► symbols as appropriate.
  • To view summaries of all cases within a category, click on the category name.
  • To view a particular case, click on the case name (which will be listed under the relevant category).

Mental Health Law Online currently contains 1947 categorised cases.

If you have been involved in a case not listed here, or have a transcript that is not yet on Bailii, then please get in touch. See Help page for contact details.

Recently-added cases

The following are the most recently-added 2019 cases: The pages below are initially ordered according to the dates on which they were added to the site (most recent first). The order can be changed by clicking on the symbol beside a column heading: click on the symbol beside "Page and summary" for alphabetical order; click beside "Categories" for the order in which the cases were reported. Click on the arrow symbol again to reverse the order. Click on a page name to view the relevant page.

Case and summary Date added Categories
R (Adegun) v SSHD [2019] EWHC 22 (Admin) — "There are two bases of challenge to Mr Adegun's detention which, in broad outline, are as follows. ... There is first an issue, which I shall call the "rule 34 issue", as to whether Mr Adegun declined a medical examination pursuant to rule 34 of the Detention Centre Rules when he was taken into detention. ... The second issue I shall call the "paragraph 55.10 issue". It arises because there is evidence, not disputed by the Secretary of State, that Mr Adegun was suffering from a mental health condition which was not recognised by the Home Office until some time after his admission into detention and was not treated with medication until 19 January 2016. ... I therefore propose to award nominal damages in respect of the early period of Mr Adegun's detention and substantial damages in respect of 40 days' detention." 2019‑01‑12 2019 cases, Cases, No summary, Repatriation cases, Transcript



The following are the 10 most recently-added cases to the new database structure (from any year): The pages below are initially ordered according to the dates on which they were added to the site (most recent first). The order can be changed by clicking on the symbol beside a column heading: click on the symbol beside "Page and summary" for alphabetical order; click beside "Categories" for the order in which the cases were reported. Click on the arrow symbol again to reverse the order. Click on a page name to view the relevant page.

Case and summary Date added Categories
R (Adegun) v SSHD [2019] EWHC 22 (Admin) — "There are two bases of challenge to Mr Adegun's detention which, in broad outline, are as follows. ... There is first an issue, which I shall call the "rule 34 issue", as to whether Mr Adegun declined a medical examination pursuant to rule 34 of the Detention Centre Rules when he was taken into detention. ... The second issue I shall call the "paragraph 55.10 issue". It arises because there is evidence, not disputed by the Secretary of State, that Mr Adegun was suffering from a mental health condition which was not recognised by the Home Office until some time after his admission into detention and was not treated with medication until 19 January 2016. ... I therefore propose to award nominal damages in respect of the early period of Mr Adegun's detention and substantial damages in respect of 40 days' detention." 2019‑01‑12 2019 cases, Cases, No summary, Repatriation cases, Transcript


LW v Cornwall Partnership NHS Trust [2018] UKUT 408 (AAC)(1) Having considered the statutory framework of CTOs and the legislative purposes behind them the UT concluded, primarily on that basis, that in cases where there is a risk of a relapse which might necessitate recall, how soon that such a relapse is likely to occur is a relevant consideration. However, other factors, including the risk to the patient and/or others if a relapse were to occur, may also be relevant, and there is no requirement for likely relapse to be "soon", "in the near future" or within the permitted duration of a CTO. (2) Addressing the claimants' arguments on the analogy between detention and CTO cases, the judge stated that while there are some parallels between the s3 regime and CTOs they are not such that the same principles necessarily apply to both, and (to the extent necessary to reach a view on the detention cases) neither of the previous judgments cited in CM v Derbyshire Healthcare NHS Foundation Trust [2011] UKUT 129 (AAC) provided an authoritative basis for the view that imminence of relapse is the only factor or need be in the near future. 2019‑01‑11 2018 cases, Brief summary, Cases, Transcript, Upper Tribunal decisions


R (CXF) v Central Bedfordshire Council [2018] EWCA Civ 2852The patient's mother drove weekly to accompany her son on escorted community leave bus trips. When he turned 18, the Children Act 1989 funding ceased and she sought judicial review of the refusal to fund her travel costs under MHA 1983 s117. (1) The patient did not "cease to be detained" or "leave hospital" within the meaning of s117(1) when on leave and so was not a person to whom s117 applied, and also the services provided did not constitute "after-care services" within the meaning of s117(6). (2) In other cases, such as a patient living in the community on a either a full-time or part-time trial basis, the s117 duty could arise. (3) (Obiter) It was difficult to see how s117 could have covered the mother's costs as there was no evidence that she was authorised to provide services on behalf of any CCG or LA. (4) The MHA Code of Practice is analogous to delegated legislation (which can only be used as an aid to interpretation if it formed part of Parliament's background knowledge when legislating) and so cannot be used to construe s117(1) which is part of the original text. (5) The court was critical of and provided guidance in relation to the quality of pleadings in statutory interpretation cases. (6) Even if the evidence provided by Mind's QC in written submissions had been relevant, it would not excuse the flagrant breach of the court's order not to stray into the giving of evidence. The matters which are admissible are so limited in statutory interpretation cases that it may be that there is nothing useful an intervenor can contribute. 2018‑12‑20 2018 cases, After-care, Brief summary, Cases, ICLR summary, Transcript


Ardron v Sussex Partnership NHS Foundation Trust [2018] EWHC 3157 (QB) — "The Claimant, Dr. Caroline Ardron, is a very experienced consultant psychiatrist employed by the Defendant [Trust]. The Trust considers it appropriate for Dr. Ardron to face disciplinary proceedings for alleged gross misconduct relating to her work at HMP Lewes in late 2015 and early 2016. At that time, Dr. Ardron was the responsible clinician of a young prisoner known as JO, who committed suicide by hanging himself on 12 February 2016. The proposed disciplinary proceedings relate, almost exclusively, to Dr. Ardron's care of JO including her record-keeping in that respect. Dr. Ardron does not suggest that disciplinary proceedings are inappropriate as a matter of principle, or that there is no case of misconduct that could be brought against her. However, she contends that there is no basis for a charge of gross misconduct; a charge which, if established, could potentially lead to the termination of her contract and serious ramifications for her including her prospects of obtaining subsequent employment. On 18 June 2018, an interlocutory injunction was granted by Mr. Pushpinder Saini QC, sitting as a Deputy Judge of the High Court, which restrained the Trust from proceeding until further order with a disciplinary hearing into gross misconduct. The question for resolution now is whether that injunction should be made permanent. That issue depends upon whether Dr. Ardron can prove that the Trust will breach her contract of employment by holding the proposed disciplinary hearing on a charge of gross misconduct. The Trust's intention to proceed to such a hearing was communicated in its letter to Dr. Ardron dated 20 March 2018, and the issue is therefore whether the Trust should be prevented from operating on the basis of that letter. The resolution of that issue depends principally upon the question of whether the facts found in an investigation into Dr. Ardron's conduct could, taken at their highest, amount to gross misconduct." 2018‑11‑23 2018 cases, Cases, Miscellaneous, No summary, Transcript


R (CXF) v Central Bedfordshire Council [2017] EWHC 2311 (Admin) — "The central question raised in these proceedings is whether either or both of the Defendants has a duty under s117 of the MHA to cover the costs of the Claimant's mother's visits, on the ground that they constitute "after-care services" within the meaning of that provision. ... The specific issues that arise are as follows: (a) Whether the duty to provide after-care services under s117 is triggered when the Claimant is granted leave of absence from the Hospital under s17 of the MHA for an escorted bus trip. This issue turns on the question whether, when granted such leave of absence, the Claimant satisfies the two pre-conditions set out in s. 117(1), namely, (i) that he has "ceased to be detained" under s3 of the MHA, and (ii) that he has "left hospital"; (b) If so, whether the after-care services which are to be provided pursuant to s117(6) of the MHA may as a matter of principle include funding to cover the Claimant's mother's transport costs; (c) If so, whether on the facts of this case there is a duty to provide the funding sought as an after-care service under s117; (d) If so, whether the duty to provide the services falls on the First and Second Defendants jointly, or in fact falls on the First Defendant jointly with Bedfordshire Clinical Commissioning Group, which was originally joined as a Defendant to these proceedings, but against which proceedings were discontinued in March 2017." 2017‑09‑20 2017 cases, After-care, Cases, Mind summary, No summary, Transcript


CM v Derbyshire Healthcare NHS Foundation Trust [2011] UKUT 129 (AAC)(1) The Tribunal's decision not to discharge was made in error of law, and was set aside, (a) because there was no real evidence to support its view that non-compliance with medication and the risk of consequent relapse in the near future would probably occur, (b) because it did not establish that in these circumstances it had complied with the 'least restriction principle', (c) because of the irrationality in paragraph 21 of its decision (in that as the risk was of what might eventually happen it was hard to see how the envisaged leave regime could test that risk), and (d) because continued detention for the purposes of avoiding a chaotic lifestyle or drug taking or the absence of drug counselling is not permitted by law on the facts of this case. (2) The judgment contains a discussion of the 'nature' and 'degree' tests. 2011‑04‑30 2011 cases, Brief summary, Cases, Reasons, Transcript, Upper Tribunal decisions



Other recently-added cases:

Page and summaryDate added to siteCategories
LW v Cornwall Partnership NHS Trust [2018] UKUT 408 (AAC)2019-01-112018 cases, Brief summary, Cases, Transcript, Upper Tribunal decisions
Lord Chancellor v Blavo and Co Solictors Ltd [2018] EWHC 3556 (QB)2019-01-012018 cases, Brief summary, Cases, Miscellaneous, Transcript
John Blavo v Law Society [2018] EWCA Civ 22502019-01-012018 cases, Brief summary, Cases, ICLR summary, Miscellaneous, Transcript
R (CXF) v Central Bedfordshire Council [2018] EWCA Civ 28522018-12-202018 cases, After-care, Brief summary, Cases, ICLR summary, Transcript
Re AB (Inherent Jurisdiction: Deprivation of Liberty) [2018] EWHC 3103 (Fam)2018-12-192018 cases, Brief summary, Cases, Deprivation of liberty, ICLR summary, Inherent jurisdiction cases, Transcript
Welsh Ministers v PJ [2018] UKSC 662018-12-172018 cases, Brief summary, Cases, Deprivation of liberty, Powers, Transcript
EXB v FDZ [2018] EWHC 3456 (QB)2018-12-142018 cases, Cases, No summary, Other capacity cases, Transcript
R v Kurtz [2018] EWCA Crim 27432018-12-102018 cases, Cases, EPA cases - all, EPA cases - other, ICLR summary, No summary, Transcript
SR v A Local Authority [2018] EWCOP 362018-11-292018 cases, Cases, No summary, Other capacity cases, Transcript
Re RD (Deprivation or Restriction of Liberty) [2018] EWFC 472018-11-292018 cases, Cases, Deprivation of liberty, No summary, Transcript

External links

The following are the main sources of case transcripts/information:

See also: