R, R (on the application of) v Shetty (Responsible Medical Officer) & Anor

R, R (on the application of) v Shetty (Responsible Medical Officer) & Anor

The Secretary of State was entitled to accept the unanimous clinical judgment of the RMO and his team that the claimant no longer required treatment in hospital for mental disorder. There was insufficient evidence to establish that returning the claimant to prison would, on the balance of probabilities, violate his rights under Article 3 or Article 5 of the ECHR. The RMO's decision is not susceptible to challenge on Convention grounds, and section 50(1) of the Mental Health Act 1983 is compatible with the Convention. The court's role is one of anxious scrutiny, not merits review, and the claimant failed to demonstrate that his return to prison would result in inhuman or degrading...

Parties
Claimant: THE QUEEN (on the application of I R); First Defendant: Dr G Shetty (Responsible Medical Officer); Second Defendant: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
09 December 2003
Procedural Posture
Judicial Review and Human Rights Claim / Final Judgment After Substantive Hearing
Outcome
Claim dismissed
Legal Topics
Article 3 ECHR (inhuman or Degrading Treatment), Article 5 ECHR (right to Liberty and Security), Section 50 Mental Health Act 1983, Judicial Review of Administrative Decisions, Role of Responsible Medical Officer, Burden of Proof in Human Rights Claims
Human Rights Law Mental Health Law Administrative Law Article 3 ECHR (inhuman or Degrading Treatment) Article 5 ECHR (right to Liberty and Security) Section 50 Mental Health Act 1983 Judicial Review of Administrative Decisions Role of Responsible Medical Officer +1 more

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Parties

THE QUEEN (on the application of I R)

Claimant

Dr G Shetty (Responsible Medical Officer)

First Defendant

Secretary of State for the Home Department

Second Defendant

Procedural Posture

Judicial Review and Human Rights Claim / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the decision to remit the claimant from hospital to prison violates Article 3 or Article 5 of the European Convention on Human Rights
  2. 2 Whether section 50(1) of the Mental Health Act 1983 is incompatible with the Convention
  3. 3 Whether the Responsible Medical Officer's decision is susceptible to challenge on Convention grounds

Ratio Decidendi

The Secretary of State was entitled to accept the unanimous clinical judgment of the RMO and his team that the claimant no longer required treatment in hospital for mental disorder. There was insufficient evidence to establish that returning the claimant to prison would, on the balance of probabilities, violate his rights under Article 3 or Article 5 of the ECHR. The RMO's decision is not susceptible to challenge on Convention grounds, and section 50(1) of the Mental Health Act 1983 is compatible with the Convention. The court's role is one of anxious scrutiny, not merits review, and the claimant failed to demonstrate that his return to prison would result in inhuman or degrading...

Court Disposition

Claim dismissed

Orders

  • Permission to apply for judicial review against the RMO refused
  • Claim against the Secretary of State dismissed