Sessay, R (on the application of) v South London & Maudsley NHS Foundation Trust & Anor [2011] EWHC 2617 (QB) (13 October 2011)

Sessay, R (on the application of) v South London & Maudsley NHS Foundation Trust & Anor [2011] EWHC 2617 (QB) (13 October 2011)

The Mental Health Act 1983 provides an exhaustive statutory code for the detention of non-compliant incapacitated patients in hospital. There is no residual common law power of necessity to detain such patients outside the statutory scheme. The Claimant was deprived of her liberty for thirteen hours without lawful authority, as neither the Mental Capacity Act 2005 nor the common law doctrine of necessity provided a legal basis for her detention. The Trust's actions constituted false imprisonment and a breach of Article 5 ECHR.

Citation
[2011] EWHC 2617 (QB)
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 allowed in part; declaration granted; detention found unlawful.
Legal Topics
Deprivation of Liberty, False Imprisonment, Mental Capacity, Statutory Interpretation, Article 5 ECHR, Article 8 ECHR, Police Powers, Hospital Detention Procedures
Mental Health Law Human Rights Law Administrative Law Tort Law Deprivation of Liberty False Imprisonment Mental Capacity Statutory Interpretation +4 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 an exhaustive statutory code for the detention of non-compliant incapacitated patients for assessment and treatment in hospital.
  2. 2 Whether the common law doctrine of necessity can justify detention in hospital outside the statutory scheme.
  3. 3 Whether the Claimant was unlawfully deprived of her liberty in breach of Article 5 ECHR and/or falsely imprisoned at common law.

Ratio Decidendi

The Mental Health Act 1983 provides an exhaustive statutory code for the detention of non-compliant incapacitated patients in hospital. There is no residual common law power of necessity to detain such patients outside the statutory scheme. The Claimant was deprived of her liberty for thirteen hours without lawful authority, as neither the Mental Capacity Act 2005 nor the common law doctrine of necessity provided a legal basis for her detention. The Trust's actions constituted false imprisonment and a breach of Article 5 ECHR.

Court Disposition

Claim allowed in part; declaration granted; detention found unlawful.

Orders

  • Declaration that sections 135 and 136 of the Mental Health Act 1983 are the exclusive powers available to police officers to remove persons who appear to be mentally disordered to a place of safety.
  • Declaration that sections 5 and 6 of the Mental Capacity Act 2005 do not confer on police officers authority to remove persons to hospital or other places of safety for the purposes set out in sections 135 and 136 of the Mental Health Act 1983.