R (CXF) v Central Bedfordshire Council [2017] EWHC 2311 (Admin)

"The central question raised in these proceedings is whether either or both of the Defendants has a duty under s117 of the MHA to cover the costs of the Claimant's mother's visits, on the ground that they constitute "after-care services" within the meaning of that provision. ... The specific issues that arise are as follows: (a) Whether the duty to provide after-care services under s117 is triggered when the Claimant is granted leave of absence from the Hospital under s17 of the MHA for an escorted bus trip. This issue turns on the question whether, when granted such leave of absence, the Claimant satisfies the two pre-conditions set out in s. 117(1), namely, (i) that he has "ceased to be detained" under s3 of the MHA, and (ii) that he has "left hospital"; (b) If so, whether the after-care services which are to be provided pursuant to s117(6) of the MHA may as a matter of principle include funding to cover the Claimant's mother's transport costs; (c) If so, whether on the facts of this case there is a duty to provide the funding sought as an after-care service under s117; (d) If so, whether the duty to provide the services falls on the First and Second Defendants jointly, or in fact falls on the First Defendant jointly with Bedfordshire Clinical Commissioning Group, which was originally joined as a Defendant to these proceedings, but against which proceedings were discontinued in March 2017."

Mind

This case was summarised in Mind, 'Legal Newsletter' (December 2017) under the heading "R(CXF) v Central Bedfordshire Council [2017] EWHC 2311 (Admin)^B".

External links

Justice.gov.uk website: Court of Appeal Civil Division daily cause list for 5/12/18 (Internet Archive). This case was heard by the Court of Appeal (Bean, Leggatt, Haddon-Cave LJJ) on 5/12/18.

COURT 69
Before LORD JUSTICE BEAN
LORD JUSTICE LEGGATT and
LORD JUSTICE HADDON-CAVE
Wednesday, 5th December, 2018
At half-past 10
APPEAL
From The Queen's Bench Division
(Administrative Court and Divisional Court)
FINAL DECISIONS
C1/2017/3082 The Queen on the application of CXF (acting by his mother and litigation friend) -v- Central Bedfordshire Council & Ors. Appeal of Claimant from the order of Ms Rose Q.C, dated 15th September 2017, filed 14th November 2017.

CASES DATABASE

Full judgment: BAILII

Subject(s):

After-care🔍

Date: 15/9/17🔍

Court: High Court (Administrative Court)🔍

Judicial history:

Judge(s):

Dinah Rose🔍

Parties:

CXF🔍
Central Bedfordshire Council🔍
North Norfolk CCG🔍

Citation number(s):

[2017] EWHC 2311 (Admin)^B

What links here:

Published: 20/9/17 21:41

Cached: 2024-11-18 23:31:15