View source for South Staffordshire and Shropshire Healthcare NHSFT v Hospital Managers of St George's Hospital (2016) EWHC 1196 (Admin)

{{Case
|Date=2016/05/20
|NCN=[2016] EWHC 1196 (Admin)
|ICLR=[2016] WLR(D) 353
|ICLR ID=2016004479
|Other citations=(2016) 19 CCL Rep 253, [2016] Med LR 283, 19 CCL Rep 253, [2016] MHLR 273, [2017] 1 WLR 1528, [2016] MHLO 17
|Court=High Court (Administrative Court)
|Judges=Cranston
|Parties=South Staffordshire and Shropshire Healthcare NHS Foundation Trust, Dr Whitworth, AU
|Sentence=Trust's JR of hospital managers' discharge decision
|Summary="This is an application for judicial review of a decision by an independent panel on 12 April 2016 to discharge the Interested Party, AU, from detention under the Mental Health Act 1983. It is brought by South Staffordshire and Shropshire Healthcare NHS Foundation Trust and Dr Whitworth (previously AU's responsible clinician). ... To put the case in general terms the claimants are concerned about the Panel's decision to discharge AU in the light of the views of the clinical team and also a decision of the First Tier Tribunal ... which decided on 10 March 2016 not to discharge him from detention. ... The judicial review raises an important point of principle as to the capacity of a body to seek judicial review of a decision which it could have made itself. In broad terms the Trust appointed the Panel and under the 1983 Act it exercised delegated powers. Because AU raised this point in his grounds, Warby J joined Dr Whitworth as a second claimant to the action on 4 May 2016 on the basis that, if the Trust could not seek judicial review, she could. If the Trust and Dr Whitworth can seek judicial review, the grounds they advance against the Panel's decision are, first, that it failed to treat the Tribunal's decision as a relevant consideration and, secondly, that the Panel's decision is irrational in light of the evidence available and the reasons it has given."
|Subject=Hospital managers hearings,Re-sectioning after hearing
|News=No
|RSS pubdate=2021-12-2 10:04:21 PM
}}