CX v A Local Authority & Anor [2011] EWHC 1918 (Admin) (20 April 2011)

CX v A Local Authority & Anor [2011] EWHC 1918 (Admin) (20 April 2011)

The defendant failed to prove that there was sufficiently informed consultation with the nearest relative as required by section 11(4) of the Mental Health Act 1983, and the withdrawal of objection was vitiated by misleading advice, rendering the claimant's detention under section 3 unlawful.

Citation
[2011] EWHC 1918 (Admin)
Parties
Claimant: CX; Defendant: A Local Authority; Interested Party: A NHS Foundation Trust
Jurisdiction
England and Wales
Judgment Date
20 April 2011
Procedural Posture
Application for Writ of Habeas Corpus / Judgment After Urgent Hearing
Outcome
Application for writ of habeas corpus granted
Legal Topics
Habeas Corpus, Detention Under Mental Health Act, Consultation With Nearest Relative, Procedural Fairness
Mental Health Law Administrative Law Human Rights Habeas Corpus Detention Under Mental Health Act Consultation With Nearest Relative Procedural Fairness

Case Brief

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Parties

CX

Claimant

A Local Authority

Defendant

A NHS Foundation Trust

Interested Party

Procedural Posture

Application for Writ of Habeas Corpus / Judgment After Urgent Hearing

Legal Issues

  1. 1 Whether the claimant's detention under section 3 of the Mental Health Act 1983 was lawful
  2. 2 Whether there was sufficient and informed consultation with the nearest relative as required by section 11(4) of the Act
  3. 3 Whether the withdrawal of objection by the nearest relative was vitiated by misleading advice

Ratio Decidendi

The defendant failed to prove that there was sufficiently informed consultation with the nearest relative as required by section 11(4) of the Mental Health Act 1983, and the withdrawal of objection was vitiated by misleading advice, rendering the claimant's detention under section 3 unlawful.

Court Disposition

Application for writ of habeas corpus granted

Orders

  • Immediate release of the claimant from detention under section 3 of the Mental Health Act 1983
  • Writ of habeas corpus to issue