University College London Hospitals NHS Foundation Trust v MB (Rev 1) [2020] EWHC 882 (QB) (09 April 2020)

University College London Hospitals NHS Foundation Trust v MB (Rev 1) [2020] EWHC 882 (QB) (09 April 2020)

The hospital is entitled to an interim injunction requiring MB to leave the ward because her physical and mental health needs can be met by the care package and accommodation provided by Camden, the risk of self-harm or suicide is moderate to low and manageable, and there is no sustainable public law defence under...

Source-derived case information.

Citation
[2020] EWHC 882 (QB)
Parties
Claimant: University College London Hospitals NHS Foundation Trust; Defendant: MB
Jurisdiction
England and Wales
Judgment Date
09 April 2020
Procedural Posture
Possession and Interim Injunction Application / Interim Relief Application (high Court, Queen's Bench Division)
Outcome
Interim injunction granted; MB required to leave the ward by 12 noon on 10 April 2020 (or such later time as specified by the Claimant).
Legal Topics
Hospital Discharge, Possession Proceedings, Interim Injunctions, Disability Discrimination, Article 3 ECHR, Article 8 ECHR, Article 14 ECHR, Equality Act 2010, COVID 19 Emergency Procedures
Health Law Human Rights Law Disability Law Civil Procedure Hospital Discharge Possession Proceedings Interim Injunctions Disability Discrimination +5 more

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Parties

University College London Hospitals NHS Foundation Trust

Claimant

MB

Defendant

Procedural Posture

Possession and Interim Injunction Application / Interim Relief Application (high Court, Queen's Bench Division)

Legal Issues

  1. 1 Whether the hospital is entitled to an interim injunction requiring MB to leave the hospital ward and prohibiting her from trespassing, in light of her disabilities and concerns about her care package and accommodation.
  2. 2 Whether the hospital's decision to discharge MB breaches Articles 3, 8, or 14 ECHR or the Equality Act 2010.

Ratio Decidendi

The hospital is entitled to an interim injunction requiring MB to leave the ward because her physical and mental health needs can be met by the care package and accommodation provided by Camden, the risk of self-harm or suicide is moderate to low and manageable, and there is no sustainable public law defence under the ECHR or Equality Act 2010. The hospital has made all reasonable adjustments, and the balance of convenience strongly favours the hospital given the urgent need for beds during the COVID-19 pandemic.

Court Disposition

Interim injunction granted; MB required to leave the ward by 12 noon on 10 April 2020 (or such later time as specified by the Claimant).

Orders

  • MB must leave the Ward by 12 noon on 10 April 2020 (or such later time as the Claimant may specify in writing), provided the Hospital has made arrangements for her transfer and belongings.
  • MB must not obstruct or impede the implementation of these arrangements.