SSG, R (on the application of) v Liverpool City Council & Anor [2002] EWHC 4000 (Admin) (22 October 2002)

SSG, R (on the application of) v Liverpool City Council & Anor [2002] EWHC 4000 (Admin) (22 October 2002)

Section 26(6) of the Mental Health Act 1983 must be read, pursuant to section 3 of the Human Rights Act 1998, to include a homosexual partner living with the patient as the patient's husband or wife, thereby permitting such a partner to be treated as a 'relative' and 'nearest relative' for all purposes under the Act.

Citation
[2002] EWHC 4000 (Admin)
Parties
Claimant: S. S. G; First Defendant: Liverpool City Council; Second Defendant: Secretary of State for Health; Interested Party: L. S.
Jurisdiction
England and Wales
Judgment Date
22 October 2002
Procedural Posture
Judicial Review / Consent Order and Statement of Reasons
Outcome
Application allowed by consent order; declarations granted.
Legal Topics
Nearest Relative Under Mental Health Act, Interpretation of Statutes, Discrimination Based on Sexual Orientation, Application of Human Rights Act
Mental Health Law Human Rights Law Administrative Law Nearest Relative Under Mental Health Act Interpretation of Statutes Discrimination Based on Sexual Orientation Application of Human Rights Act

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Parties

S. S. G

Claimant

Liverpool City Council

First Defendant

Secretary of State for Health

Second Defendant

L. S.

Interested Party

Procedural Posture

Judicial Review / Consent Order and Statement of Reasons

Legal Issues

  1. 1 Whether a homosexual partner can be treated as a 'relative' and 'nearest relative' under section 26 of the Mental Health Act 1983
  2. 2 Whether section 26(6) of the Mental Health Act 1983 should be read in accordance with section 3 of the Human Rights Act 1998 to include same-sex partners
  3. 3 Whether refusal to treat a same-sex partner as nearest relative is incompatible with Articles 8 and 14 of the European Convention on Human Rights

Ratio Decidendi

Section 26(6) of the Mental Health Act 1983 must be read, pursuant to section 3 of the Human Rights Act 1998, to include a homosexual partner living with the patient as the patient's husband or wife, thereby permitting such a partner to be treated as a 'relative' and 'nearest relative' for all purposes under the Act.

Court Disposition

Application allowed by consent order; declarations granted.

Orders

  • Declaration that a homosexual partner can be treated as a 'relative' and 'nearest relative' under the Mental Health Act 1983.
  • Declaration that Ms E. S. G is the nearest relative of the Claimant for all purposes under the Act.