CXF, R (On the Application Of) v Central Bedfordshire Council NHS North Norfolk Clinical Commissioning Group

CXF, R (On the Application Of) v Central Bedfordshire Council NHS North Norfolk Clinical Commissioning Group

Section 117 of the Mental Health Act 1983 does not apply to a patient who remains in the care and custody of the hospital during escorted day trips under section 17 leave; such a patient has not 'ceased to be detained' nor 'left hospital' within the meaning of section 117(1), and the services provided during these trips are not 'after-care services' but part of ongoing treatment.

Parties
Appellant/claimant: CXF (acting by his mother and litigation friend); First Respondent/defendant: Central Bedfordshire Council; Second Respondent/defendant: NHS North Norfolk Clinical Commissioning Group
Jurisdiction
England and Wales
Judgment Date
20 December 2018
Procedural Posture
Judicial Review / Appeal From High Court to Court of Appeal
Outcome
appeal dismissed
Legal Topics
After Care Services, Section 117 Mental Health Act 1983, Leave of Absence Under Section 17, Judicial Review, Duty to Fund Travel Costs
Mental Health Law Public Law Statutory Interpretation After Care Services Section 117 Mental Health Act 1983 Leave of Absence Under Section 17 Judicial Review Duty to Fund Travel Costs

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Parties

CXF (acting by his mother and litigation friend)

Appellant/claimant

Central Bedfordshire Council

First Respondent/defendant

NHS North Norfolk Clinical Commissioning Group

Second Respondent/defendant

Procedural Posture

Judicial Review / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Does section 117 of the Mental Health Act 1983 apply to a patient granted leave of absence under section 17 for escorted day trips?
  2. 2 Do the services provided during such trips constitute 'after-care services' under section 117?
  3. 3 Is there a duty to fund the claimant's mother's travel costs under section 117?

Ratio Decidendi

Section 117 of the Mental Health Act 1983 does not apply to a patient who remains in the care and custody of the hospital during escorted day trips under section 17 leave; such a patient has not 'ceased to be detained' nor 'left hospital' within the meaning of section 117(1), and the services provided during these trips are not 'after-care services' but part of ongoing treatment.

Court Disposition

appeal dismissed

Orders

  • Claim for judicial review dismissed
  • No duty under section 117 to fund travel costs in these circumstances