B, R (on the application of) v West Allderdale Magistrates Court & Anor

B, R (on the application of) v West Allderdale Magistrates Court & Anor

The magistrates' order was ultra vires because they were not satisfied that arrangements for admission to Ty Gwyn had been made, as funding was not secured; therefore, the relief sought cannot be granted.

Parties
Claimant: Stephen B; First Defendant: West Allderdale Magistrates Court; Second Defendant: Eden Valley Primary Care Trust
Jurisdiction
England and Wales
Judgment Date
04 September 2003
Procedural Posture
Judicial Review / Final Judgment
Outcome
application dismissed
Legal Topics
Judicial Review, Remand for Mental Health Assessment, Funding for Mental Health Placement, Ultra Vires Orders
Criminal Law Mental Health Law Public Law Judicial Review Remand for Mental Health Assessment Funding for Mental Health Placement Ultra Vires Orders

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Parties

Stephen B

Claimant

West Allderdale Magistrates Court

First Defendant

Eden Valley Primary Care Trust

Second Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the magistrates' order for assessment under section 35 Mental Health Act 1983 was valid without funding arrangements
  2. 2 Whether the refusal by Eden Valley Primary Care Trust to fund the placement was unlawful

Ratio Decidendi

The magistrates' order was ultra vires because they were not satisfied that arrangements for admission to Ty Gwyn had been made, as funding was not secured; therefore, the relief sought cannot be granted.

Court Disposition

application dismissed

Orders

  • application for judicial review dismissed
  • costs order in favour of second defendant, not to be enforced without leave of the court unless claimant receives a windfall