R (Lee-Hirons) v Secretary of State for Justice

Subject Matter

MENTAL DISORDER — Secretary of State’s powers — Restricted patient — Recall to hospital — Department of Health circular requiring provision of written reasons within 72 hours of readmission — Reasons given orally when warrant for recall executed — Whether adequate — Further oral reasons given over two weeks later — Written reasons for recall not given — Whether duty to provide written reasons when warrant executed — Whether recall lawful — Whether duty to give written reasons for recall — Whether failure to give written reasons rendering recall and subsequent detention unlawful — Whether practice of including brief reasons in warrant good — Mental Health Act 1983, s 42(3) — Human Rights Act 1998, Sch 1, Pt I, art 5.1, 5.2

[2013] EWHC 1784 (Admin); [2015] QB 385; [2015] 2 WLR 256; [2013] CN 1000, QBD

HUMAN RIGHTS — Liberty — Restricted patient — Patient recalled to hospital — Reasons for recall given orally when warrant for recall executed — Whether adequate — Further oral reasons given over two weeks later — Written reasons for recall not given — Whether failure to provide adequate reasons promptly after detention breaching Convention rights to liberty and to reasons for detention — Whether breaches rendering recall and detention unlawful — Human Rights Act 1998, Sch 1, Pt I, art 5.1, 5.2

[2013] EWHC 1784 (Admin); [2015] QB 385; [2015] 2 WLR 256; [2013] CN 1000, QBD

HUMAN RIGHTS — Liberty — Restricted patient — Patient recalled to hospital — Brief reasons for recall given orally when warrant executed — Further oral but not written reasons given 15 days later — Whether reasons given adequate — Whether breach of Convention right to reasons for detention — Whether rendering detention unlawful — Whether damages payable — Human Rights Act 1998 (c 42), s 8, Sch 1, Pt I, art 5.1, 5.2

[2016] UKSC 46; [2017] AC 52; [2016] 3 WLR 590; [2017] 3 All ER 97; [2016] WLR (D) 424; Case details, SC(E)

MENTAL DISORDER — Secretary of State’s powers — Restricted patient — Recall to hospital — Department of Health circular requiring provision of oral and written reasons within three days of readmission — Reasons given orally when warrant for recall executed — Further oral but not written reasons given 15 days later — Whether failure to provide reasons rendering detention unlawful — Whether damages payable — Mental Health Act 1983 (c 20), s 42(3) — Human Rights Act 1998, s 8, Sch 1, Pt I, art 5.1, 5.2

[2016] UKSC 46; [2017] AC 52; [2016] 3 WLR 590; [2017] 3 All ER 97; [2016] WLR (D) 424; Case details, SC(E)

Appellate History