DB, R (on the application of) v Nottinghamshire Healthcare NHS Trust

DB, R (on the application of) v Nottinghamshire Healthcare NHS Trust

The authority to admit and detain under a hospital order made pursuant to section 37 of the Mental Health Act 1983 expires 28 days after the date of the order; any admission or detention after that period is not authorised by the order.

Parties
Claimant/appellant: DB; Defendant/respondent: Nottinghamshire Healthcare NHS Trust
Jurisdiction
England and Wales
Judgment Date
03 December 2008
Procedural Posture
Judicial Review / Appeal From the Queen’s Bench Division, Administrative Court
Outcome
Appeal allowed
Legal Topics
Hospital Orders, Detention Under Mental Health Act, Time Limits for Detention, Judicial Review of Detention
Mental Health Law Criminal Law Administrative Law Hospital Orders Detention Under Mental Health Act Time Limits for Detention Judicial Review of Detention

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Parties

DB

Claimant/appellant

Nottinghamshire Healthcare NHS Trust

Defendant/respondent

Procedural Posture

Judicial Review / Appeal From the Queen’s Bench Division, Administrative Court

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 Was the subsequent detention of the appellant lawful after the 28-day period expired?

Ratio Decidendi

The authority to admit and detain under a hospital order made pursuant to section 37 of the Mental Health Act 1983 expires 28 days after the date of the order; any admission or detention after that period 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.