Sessay, R (on the application of) v South London & Maudsley NHS Foundation Trust & Anor

Sessay, R (on the application of) v South London & Maudsley NHS Foundation Trust & Anor

The Mental Health Act 1983 provides an exhaustive statutory code for compulsory admission and detention of non-compliant incapacitated patients. The common law doctrine of necessity does not apply. The Claimant's detention was not lawfully authorised under the Mental Health Act or Mental Capacity Act, and thus constituted false imprisonment and breach of Article 5 ECHR. The Trust's policy is not unlawful provided applications are processed without undue delay.

Parties
Claimant: Sawida Sessay; First Defendant: South London & Maudsley NHS Foundation Trust; Second Defendant: The Commissioner of Police for the Metropolis
Jurisdiction
England and Wales
Judgment Date
13 October 2011
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim against First Defendant succeeds; draft consent order between Claimant and Second Defendant approved.
Legal Topics
Compulsory Admission, Deprivation of Liberty, False Imprisonment, Article 5 ECHR, Mental Capacity Act, Mental Health Act, Common Law Necessity
Mental Health Law Human Rights Law Tort Law Compulsory Admission Deprivation of Liberty False Imprisonment Article 5 ECHR Mental Capacity Act +2 more

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Parties

Sawida Sessay

Claimant

South London & Maudsley NHS Foundation Trust

First Defendant

The Commissioner of Police for the Metropolis

Second Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Mental Health Act 1983 provides a comprehensive statutory code for compulsory admission and detention of non-compliant incapacitated patients
  2. 2 Whether common law doctrine of necessity applies to detention in psychiatric hospitals
  3. 3 Whether the Claimant's detention was lawful under the Mental Health Act or Mental Capacity Act

Ratio Decidendi

The Mental Health Act 1983 provides an exhaustive statutory code for compulsory admission and detention of non-compliant incapacitated patients. The common law doctrine of necessity does not apply. The Claimant's detention was not lawfully authorised under the Mental Health Act or Mental Capacity Act, and thus constituted false imprisonment and breach of Article 5 ECHR. The Trust's policy is not unlawful provided applications are processed without undue delay.

Court Disposition

Claim against First Defendant succeeds; draft consent order between Claimant and Second Defendant approved.

Orders

  • Declaration that the Claimant's detention was unlawful and breached Article 5 ECHR.
  • Damages for breach of Article 5 and false imprisonment to be assessed if not agreed.