Revision as of 22:18, 14 January 2009 by Jonathan
Any cases with a hyperlink to this legislation will automatically be added here. There may be other relevant cases without a hyperlink, so please check the mental health case law page.
- DM v Doncaster MBC  EWHC 3652 (Admin) — DM sought to avoid the care home fees for her husband FM who was subject to the deprivation of liberty safeguards: the main argument was that the s22 National Assistance Act 1948 charging provision did not apply because the DOLS created a duty to accommodate within the meaning of s21(8). The court held that: (1) the MCA 2005 did not create either a duty or power to accommodate FM; (2) FM fell within the terms of s21 NAA and was not excluded from its scope by the operation of s21(8); (3) s3 HRA 1998 gave no reason to read down s21(8) to reach any other conclusion; (4) FM's accommodation had thus to be paid for by him or on his behalf, in accordance with s22 and regulations made under it; (5) this is not discriminatory upon an application of Article 14 read with Article 1 of Protocol 1 (FM was not materially in the same position as those who receive after-care under s117 MHA and the State would in any event have offered sufficient justification for the result); (6) ..→
- R (C) v SSJ (2009) EWHC x (Admin) — The decision to make C subject to polygraph testing as a condition of his licence did not breach the his Article 8 rights given the seriousness of his offences and his attitude to them; that the scheme was a pilot in his geographical area did not amount to discrimination under Article 14.
- R (D and M) v SSWP  EWCA Civ 18 — (1) That prisoners detained under s47, s47/49 or s45A, in contrast with civil patients or hospital order patients, receive no welfare benefits until their release date is not unlawful discrimination under Article 14 taken with A1P1. (2) On a proper construction of the statutory language, lifers detained under the MHA are entitled to Income Support or State Pension Credit when they reach their tariff expiry date. [Caution.]
- R (MT) v Oxford City Council  EWHC 795 (Admin),  MHLO 47 — The claimant's application via his deputy to the defendant as homeless was rejected on the basis that his lack of capacity to make such an application meant that there was no duty under Part 7 of the Housing Act 1996. (1) The claimant's argument that Article 14 (with Article 8) meant the otherwise-binding House of Lords decision in Garlick should not be followed was unsuccessful. (2) In any event, it is not discriminatory to provide two different systems for provision of accommodation (the system potentially available to MT was at that time s21 National Assistance Act 1948).
- R (N) v SSH; R (E) v Nottinghamshire Healthcare NHS Trust  EWCA Civ 795 — The right or freedom to smoke does not engage Article 8(1); Article 14 could not therefore be relied upon either. In any event, the SSH's smoke-free regulations and the Trust's smoke-free policy would be justified under Article 8(2), and the different treatment under the regulations for mental health units compared with prisons, care homes and hospices would be justified under Article 14.
- R (RJM) v SSWP  UKHL 63 — Social welfare payments come within the scope of Article 1 Protocol 1; homelessness is an "other status" under Article 14; depriving the homeless of disability premiums was justified; the Court of Appeal is free (but not obliged) to follow an ECtHR decision rather than a previous inconsistent CA decision, but (absent wholly exceptional circumstances) must follow any previous House of Lords decision.
- Seal v UK 50330/07  ECHR 1976 — The claimant issued his claim on the eve of the limitation period without seeking leave under s139; the House of Lords had found that his claim was therefore a nullity. (1) No breach of Article 6 was found because (a) the six-year limitation period pursued a legitimate aim, (b) s139 was to restrict access to the court only where the claim was manifestly unmeritorious, and its general aim of protecting those who exercise powers under that Act, including the police, pursued a legitimate aim, (c) the decision to strike out did not impair the very essence of the applicant's right of access to court and was not disproportionate: he had not explained his delay or failure to seek leave, and should bear the consequences of his own decisions, and in any event could continue his non-MHA claims (2) No breach of Article 6 taken with Article 14 was found because he did not argue it in any substance and, by not having argued it previously, had failed to exhaust domestic remedies.
- Stec v UK 65731/01  ECHR 924 — Admissibility decision. State benefits, Article 1 of Protocol No 1 & Article 14.
- Stec v UK 65731/01  ECHR 393 — Judgment of Grand Chamber. State benefits, Article 1 of Protocol No 1 & Article 14.
- TW v LB Enfield  EWHC 1180 (QB),  MHLO 59 — The applicant argued that her nearest relative ought to have been consulted (under s11) before her s3 detention: she required leave of the High Court under s139(2) to bring a claim against the local authority, and sought a declaration of incompatibility. (1) The threshold for leave under s139(2) 'has been set at a very unexacting level. … An applicant with an arguable case will be granted leave'; the requirements of s139(1) prevent any claim 'unless the act [of applying for the applicant's admission] was done in bad faith or without reasonable care ... or is otherwise unlawful, for example because of a contravention of s11(4)'. (2) Even if s139(2) did have any effect on the applicant's rights under Article 6 read together with Article 14 (which it was not necessary to decide) that effect is plainly justified (the justification being 'the protection of those responsible for the care of mental patients from being harassed by litigation'). (3) If the argument that ..→
- Wilkinson v UK 14659/02  ECHR 1171 — The applicant's complaints were all declared inadmissible. He had complained that: (1) medical treatment against his will was a breach of the negative obligations under Articles 3 and 8; (2) the authorities failed in their positive obligation under Articles 3 and 8 to provide suitable safeguards against the imposition of treatment that would violate his rights, in particular that the authorities should have sought approval from a court before imposing treatment and that he should have been able to bring a challenge against the treatment, before it took place, in a court which would have been able to provide a suitable level of review; (3) the inability to have a determination of his ‘civil right’ to autonomy in a court that would have provided a review on the merits was a violation of Article 6; (4) the lack of effective remedy was a breach of Article 13; (5) discrimination on the basis of his status as a detained patient was a breach of ..→
Article 14 – Prohibition of discrimination
The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.