R (GC) v Managers of the Kingswood Centre of Central and North West London NHS Foundation Trust (2008) EWHC x (Admin) (CO/7784/2008)

The patient's compulsion to pick up litter, even if that litter was in the road, amounted to seriously irresponsible conduct in the context of the definition of mental impairment; the patient was likely to act in a dangerous manner so the hospital managers were right not to discharge.

Notes

Although since November 2008, under the MHA 2007, the classification of mental impairment has been removed, it is still the case that learning disability must be "associated with abnormally aggressive or seriously irresponsible conduct". See s1 for details.

London Borough of Newham v BS [2003] EWHC 1909 (Fam) (total lack of road sense and a tendency to rush into the road without looking not seriously irresponsible conduct for purposes of mental impairment) not followed.

External link

No Bailii transcript at time of writing.

Brief case summary on 39 Essex St website