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Category:Other NR cases


The old category structure used on this page is comprehensive as it contains every relevant case. The new database structure was introduced in 2019. It is more potentially useful than the old categorisation system: it includes all cases since January 2017, but only a minority of older cases: see Special:Drilldown/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. Asterisks mark those cases which have been added to the new database structure.

Case and summary Date added Categories
K v Hospital Managers of the Kingswood Centre [2014] EWCA Civ 1332, [2014] MHLO 102 — A nearest relative sent an order for discharge to the hospital's fax machine. She had not used one of the three prescribed methods of service (delivery to an authorised officer; pre-paid post; or, with the managers' agreement, internal mail) so the 72-hour period began to run when the part-time MHA Administrator considered it on her return to work four days later. 2014‑11‑02 23:55:06 2014 cases, ICLR summary, Judgment available on Bailii, Other NR cases, Transcript, Pages using DynamicPageList3 parser function, Judgment missing from Bailii


K v Hospital Managers of the Kingswood Centre [2014] EWHC 2271 (Admin), [2014] MHLO 101 — Service of nearest relative's order for discharge of s3 patient. 2014‑11‑02 23:17:08 2014 cases, Judgment available on MHLO, Judgment missing from Bailii, No summary, Other NR cases, Transcript


DP v Hywel DDA Health Board [2011] UKUT 381 (AAC) — WP's order for his son DP's discharge was barred by the Responsible Clinician; WP was then advised by the responsible authority that he was not the nearest relative, and that therefore his order and the barring report were of no effect; on this basis the Tribunal rejected WP's subsequent application. DP appealed. (1) The judge treated the barring report as having been withdrawn (rather than never having been valid): because there was no report, the Tribunal had no jurisdiction, so it had been correct to reject the application. (2) If the barring report had not been withdrawn, the question would have been whether a nearest-relative application made by a non-nearest-relative can be rejected: this was left undecided (despite the clear wording of s66). 2012‑01‑03 22:45:55 2011 cases, Brief summary, Judgment available on Bailii, Other NR cases, Transcript, Upper Tribunal decisions


R (S) v Plymouth City Council [2001] EWHC Admin 750 — Unsuccessful challenge by nearest relative to council's refusal to disclose documents relating to P who was subject to guardianship and lacked capacity to consent to disclosure. 2009‑10‑30 22:41:21 2001 cases, Judgment available on Bailii, No summary, Other NR cases, Transcript


R (H) v MHRT [2000] EWHC 646 (Admin) — The MHRT should not have informed the nearest relative of restricted patient [or, more correctly, the person who would have been the nearest relative had the patient not been restricted] of the forthcoming hearing, because the definition of "nearest relative" in the Tribunal rules excluded restricted patients; the injunction preventing the Tribunal from disclosing its final decision would continue. 2009‑04‑11 22:54:06 2000 cases, Brief summary, Judgment available on Bailii, Other NR cases, Other Tribunal cases, Transcript


Re GK (Patient: Habeas Corpus); Kinsey v North Mersey Community NHS Trust [1999] EWHC Admin 577 — The statutory provisions meant that a hand delivered notice of intention to discharge by a nearest relative had to come into the hands of the Mental Health Act Administrator to start the 72 hour period for a barring order (s25 Mental Health Act 1983); if the notice was sent by post to the Managers, it was their responsibility to ensure that an authorised officer was available to open it and deal with it. [MHLR.] 2009‑04‑11 19:21:21 1999 cases, Brief summary, Judgment available offline, Judgment missing from Bailii, MHLR summary, Other NR cases, Pages using DynamicPageList3 parser function, Transcript


R (F) v Liverpool City Council [1997] EWHC Admin 375 — Identification of nearest relative. 2009‑04‑11 17:39:00 1997 cases, Judgment available on Bailii, No summary, Other NR cases, Transcript


R (Stevens) v Plymouth City Council, re C [2002] EWCA Civ 388 — Confidentiality. 2008‑10‑15 01:16:44 2002 cases, Judgment available on Bailii, No summary, Other NR cases, Transcript


R (SSG) v Liverpool City Council [2002] EWHC 4000 (Admin) — Gay partner can qualify as nearest relative under six-month residence provision in s26(6). 2007‑02‑18 15:36:55 2002 cases, Brief summary, Judgment available on Bailii, Other NR cases, Transcript


R (PG) v London Borough of Ealing [2002] EWHC 250 (Admin) — The Admin court, following the supercession of RSC Order 53 by CPR Part 54, still retains the power to receive oral evidence and order the cross-examination of witnesses on their witness statements and affidavits. 2007‑02‑07 20:44:16 2002 cases, Brief summary, Judgment available on Bailii, Other NR cases, Transcript


* Dangerousness criterion and hospital managers R v Riverside Mental Health Trust, ex p Huzzey [1998] EWHC Admin 465 — Managers must consider dangerousness criterion when reviewing detention after RMO's barring order, and in almost all circumstances discharge if not satisfied of that criterion. 2006‑04‑15 19:46:53 1998 cases, Cases, Hospital managers hearings, Judgment available on MHLO, Judgment missing from Bailii, Other NR cases, Pages using DynamicPageList3 parser function, Transcript, 1998 cases


* Hospital managers and dangerousness R (SR) v Huntercombe Maidenhead Hospital [2005] EWHC 2361 (Admin) — Usually the managers should discharge if they disagree with the RMO's barring report, but there can be exceptions; they have an unfettered discretion. 2006‑04‑12 20:26:38 2005 cases, Cases, Hospital managers hearings, Judgment available on Bailii, Other NR cases, Pages using DynamicPageList3 parser function, Judgment available on Bailii, 2005 cases


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