DD v Durham County Council & Anor

DD v Durham County Council & Anor

There is no realistic prospect of establishing illegality or vicarious liability against the AMHPs or local authorities for the regime under which the claimant was held, as AMHPs are not responsible for treatment conditions and acted within statutory duties.

Parties
Claimant: DD; First Defendant: Durham County Council; Second Defendant: Middlesbrough City Council
Jurisdiction
England and Wales
Judgment Date
24 April 2012
Procedural Posture
Application for Leave Under S.139(2) of the Mental Health Act 1983 / Ruling on Application for Leave
Outcome
Application rejected
Legal Topics
False Imprisonment, Vicarious Liability, Human Rights Act Infringement, Statutory Interpretation
Mental Health Law Human Rights Law Tort Law False Imprisonment Vicarious Liability Human Rights Act Infringement Statutory Interpretation

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Parties

DD

Claimant

Durham County Council

First Defendant

Middlesbrough City Council

Second Defendant

Procedural Posture

Application for Leave Under S.139(2) of the Mental Health Act 1983 / Ruling on Application for Leave

Legal Issues

  1. 1 Whether there is a realistic prospect of establishing illegality against AMHPs
  2. 2 Whether Durham or Middlesbrough should be vicariously responsible for acts or omissions of AMHPs
  3. 3 Whether AMHPs are responsible for the regime under which the claimant was held

Ratio Decidendi

There is no realistic prospect of establishing illegality or vicarious liability against the AMHPs or local authorities for the regime under which the claimant was held, as AMHPs are not responsible for treatment conditions and acted within statutory duties.

Court Disposition

Application rejected