DB, R (on the application of) v Nottinghamshire Healthcare NHS Trust [2008] EWCA Civ 1354 (03 December 2008)

DB, R (on the application of) v Nottinghamshire Healthcare NHS Trust [2008] EWCA Civ 1354 (03 December 2008)

A hospital order made under section 37 of the Mental Health Act 1983 ceases to provide lawful authority for admission and detention if the offender is not admitted to the named hospital within 28 days of the order; any subsequent admission or detention is not authorised by the order.

Citation
[2008] EWCA Civ 1354
Parties
Claimant/appellant: DB; Defendant/respondent: Nottinghamshire Healthcare NHS Trust
Jurisdiction
England and Wales
Judgment Date
03 December 2008
Procedural Posture
Judicial Review (appeal) / Appeal From Administrative Court to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Hospital Orders, Detention Under Mental Health Act, Statutory Interpretation, Judicial Review, Sentencing Powers
Mental Health Law Criminal Law Administrative Law Hospital Orders Detention Under Mental Health Act Statutory Interpretation Judicial Review Sentencing Powers

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

DB

Claimant/appellant

Nottinghamshire Healthcare NHS Trust

Defendant/respondent

Procedural Posture

Judicial Review (appeal) / Appeal From Administrative Court to Court of Appeal

Legal Issues

  1. 1 Does a hospital order under section 37 of the Mental Health Act 1983 cease to have effect if the offender is not admitted to the named hospital within 28 days?
  2. 2 Is detention and admission after the 28-day period lawful under such an order?

Ratio Decidendi

A hospital order made under section 37 of the Mental Health Act 1983 ceases to provide lawful authority for admission and detention if the offender is not admitted to the named hospital within 28 days of the order; any subsequent admission or detention is not authorised by the order.

Court Disposition

Appeal allowed

Orders

  • Declaration that the admission and subsequent detention of the Appellant on and after 17 January 2005 were not authorised by the hospital order made on 17 December 2004 as varied on 21 December 2004.