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To Consult or not to Consult the Nearest Relative?

Considerations of the Court of Appeal… In the recent case of TW v. Enfield Borough Council [2014] EWCA Civ 362, the Court of Appeal considered whether leave should be granted to TW to bring damages for unlawful detention and psychiatric injury…

Prosecution of Mental Health Staff

The prosecution of staff when a patient dies in detention under the Mental Health Act has recently been in the spot light again when prosecutors announced that there was “insufficient evidence” to charge anyone with an offence following the death…

Procedure for transferring detained patients

We previously reported on the case of R(L) -v- West London Mental Health NHS Trust1. The court’s decision was appealed, and the Court of Appeal has now handed down judgment2. Facts In summary, patient L was detained at Stockton Hall, but following an…

Section 117 Aftercare Responsibilities

The introduction of clinical commissioning groups on 1 April 2013 has led to an alteration in the responsibility for section 117 aftercare. S117 Mental Health Act 1983 (“the Act”) concerns the aftercare of patients detained under s3, 37, 45A, 47 or…