S, R (on the application of) v Secretary of State for the Home Department & Ors [2002] EWHC 2424 (Admin) (5 November 2002)

S, R (on the application of) v Secretary of State for the Home Department & Ors [2002] EWHC 2424 (Admin) (5 November 2002)

The Secretary of State and Parole Board acted unlawfully by failing to consult or consider the views of S's treating clinicians at St Ann's Hospital regarding his section 3 Mental Health Act detention before recalling him to prison. The extension of S's licence expiry date was also unlawful as S was not aware of the recall decision and statutory authority did not support such extension in these circumstances.

Citation
[2002] EWHC 2424 (Admin)
Parties
Claimant: S; First Defendant: The Secretary of State for the Home Department; Second Defendant: The Parole Board; Interested Party: Barnet, Enfield and Haringey Mental Health NHS Trust
Jurisdiction
England and Wales
Judgment Date
05 November 2002
Procedural Posture
Judicial Review / Final Judgment After Expedited Hearing
Outcome
Application for judicial review allowed; decisions of Secretary of State and Parole Board quashed.
Legal Topics
Recall to Prison, Mental Health Act Detention, Parole Board Decisions, Judicial Review of Executive Action, Calculation of Licence Expiry
Administrative Law Criminal Law Mental Health Law Recall to Prison Mental Health Act Detention Parole Board Decisions Judicial Review of Executive Action Calculation of Licence Expiry

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Parties

S

Claimant

The Secretary of State for the Home Department

First Defendant

The Parole Board

Second Defendant

Barnet, Enfield and Haringey Mental Health NHS Trust

Interested Party

Procedural Posture

Judicial Review / Final Judgment After Expedited Hearing

Legal Issues

  1. 1 Whether the Secretary of State lawfully recalled S to prison while detained under section 3 of the Mental Health Act 1983
  2. 2 Whether the Secretary of State and Parole Board failed to consider relevant medical evidence and consult treating clinicians
  3. 3 Whether the extension of S's licence expiry date due to being 'unlawfully at large' was lawful

Ratio Decidendi

The Secretary of State and Parole Board acted unlawfully by failing to consult or consider the views of S's treating clinicians at St Ann's Hospital regarding his section 3 Mental Health Act detention before recalling him to prison. The extension of S's licence expiry date was also unlawful as S was not aware of the recall decision and statutory authority did not support such extension in these circumstances.

Court Disposition

Application for judicial review allowed; decisions of Secretary of State and Parole Board quashed.

Orders

  • Quashing orders issued against the Secretary of State and Parole Board decisions.
  • S to be released immediately.