So far 270 cases have been added to the database, out of 2095 total cases on the website. To see the full list of cases go to the Mental health case law page.
The relevant pages (and summaries) are displayed at the bottom of this page.
Choose a table:
- Cases (270)
- Contact (252)
- Events (356)
- Jobs (61)
- Legislation (131)
- News (506)
- Resources (347)
- All pages (9043)
Use the filters below to narrow your results.
Showing below up to 2 results in range #1 to #2.
|A Local Authority v B (2020) EWHC 2741 (Fam)||
Inherent jurisdiction - dispensing with service
It was proper to dispense with service of proceedings on B's father in relation to inherent jurisdiction proceedings seeking a declaration authorising the deprivation of B's liberty at a community therapeutic placement following discharge from section 2 detention in hospital.
|A Local Authority v BF (2018) EWCA Civ 2962||
Inherent jurisdiction to authorise DOL of vulnerable adult
An interim order made on 10/12/18 required BF to reside at a care home, over Christmas, and not at his own or his son's home, despite BF's having capacity to make decisions about his residence and wanting to return home. The order was expressed to last until a further hearing to take place no later than 31/1/19 (later fixed for 16/1/19) when the judge could hear full argument on what relief could be granted pursuant to the inherent jurisdiction. The local authority appealed on the basis that the order infringed Article 5. Permission to appeal was refused: (1) BF is a vulnerable adult (old, blind, infirm, in a squalid and dangerous home, with undue influence present in relationship with son) who needs protection despite not lacking capacity. (2) The test of "unsound mind" is different from the test of capacity, and there is prima facie evidence that he may be of unsound mind. (3) In an emergency situation, someone may be deprived of their liberty in the absence of evidence of mental disorder without infringing Article 5 (Winterwerp); even if BF is found not to be of unsound mind, his vulnerability is such that he could not be returned home without careful planning, which is a crucial component of the protection afforded by the inherent jurisdiction.