Coombs v Dorset NHS Primary Care Trust & Anor

A person detained under the Mental Health Act 1983 is not prevented, as a matter of public policy or otherwise, from paying for his own care or treatment, provided all decisions regarding placement and treatment remain with the detaining authority and statutory controls are maintained.

Parties: Applicant/claimant: Mr TF Coombs; Respondent/defendant: Dorset NHS Primary Care Trust; Respondent/defendant: Nottingham Healthcare NHS Trust
Jurisdiction: England and Wales
Judgment Date: 17 February 2012
Procedural Posture: Civil / Preliminary Issue Trial
Outcome: Preliminary issue determined in favour of the claimant.
Legal Topics: Compulsory Detention, Patient Rights, Funding of Treatment, Public Policy, Capacity, Article 5 ECHR

Mental Health Law Public Health Law Human Rights Law Compulsory Detention Patient Rights Funding of Treatment Public Policy Capacity +1 more

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Parties

Mr TF Coombs

Applicant/claimant

Dorset NHS Primary Care Trust

Respondent/defendant

Nottingham Healthcare NHS Trust

Respondent/defendant

Procedural Posture

Civil / Preliminary Issue Trial

Legal Issues

1 Whether a person detained under the Mental Health Act 1983 is prevented from paying for his own care/treatment as a matter of public policy or otherwise

Ratio Decidendi

Court Disposition

Preliminary issue determined in favour of the claimant.

Orders

A person detained under a provision of the Mental Health Act 1983 is not prevented from paying for his own care/treatment.