View source for R (CXF) v Central Bedfordshire Council (2018) EWCA Civ 2852

{{Case
|Date=2018/12/20
|NCN=[2018] EWCA Civ 2852
|ICLR=[2018] WLR(D) 790
|Other citations=166 BMLR 191, (2019) 166 BMLR 191, [2019] 1 WLR 1862, [2019] Med LR 88
|Court=Court of Appeal (Civil Division)
|Judges=Bean, Leggatt, Haddon-Cave
|Parties=CXF, Central Bedfordshire Council, North Norfolk CCG
|Judicial history first case=R (CXF) v Central Bedfordshire Council (2017) EWHC 2311 (Admin)
|Summary=The patient's mother drove weekly to accompany her son on escorted community leave bus trips. When he turned 18, the [[Children Act 1989]] funding ceased and she sought judicial review of the refusal to fund her travel costs under [[MHA 1983 s117]]. (1) The patient did not "cease to be detained" or "leave hospital" within the meaning of s117(1) when on leave and so was not a person to whom s117 applied, and also the services provided did not constitute "after-care services" within the meaning of s117(6). (2) In other cases, such as a patient living in the community on a either a full-time or part-time trial basis, the s117 duty could arise. (3) (Obiter) It was difficult to see how s117 could have covered the mother's costs as there was no evidence that she was authorised to provide services on behalf of any CCG or LA. (4) The MHA Code of Practice is analogous to delegated legislation (which can only be used as an aid to interpretation if it formed part of Parliament's background knowledge when legislating) and so cannot be used to construe s117(1) which is part of the original text. (5) The court was critical of and provided guidance in relation to the quality of pleadings in statutory interpretation cases. (6) Even if the evidence provided by Mind's QC in written submissions had been relevant, it would not excuse the flagrant breach of the court's order not to stray into the giving of evidence. The matters which are admissible are so limited in statutory interpretation cases that it may be that there is nothing useful an intervenor can contribute.
|External links=[https://www.iclr.co.uk/document/2018002816/casereport_6e427350-b298-4213-9a94-b56242d0a868/html ICLR]
|Subject=After-care
|News=No
|RSS pubdate=2019/02/24 11:16:42 PM
}}
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