University College London Hospitals NHS Foundation Trust v MB (Rev 1)

University College London Hospitals NHS Foundation Trust v MB (Rev 1)

MB has no sustainable public law defence; hospital's clinical judgment supports discharge; care package and adaptations are reasonable; risk of self-harm or suicide is moderate to low and managed; proprietary rights prevail; urgent need for bed outweighs MB's objections.

Source-derived case information.

Parties
Claimant: University College London Hospitals NHS Foundation Trust; Defendant: MB
Jurisdiction
England and Wales
Judgment Date
09 April 2020
Procedural Posture
Injunction / Interlocutory Application for Interim Relief
Outcome
Interim injunction granted enforcing MB's discharge from hospital.
Legal Topics
Hospital Discharge, Public Law Defences, ECHR Articles 3, 8, 14, Equality Act 2010, Allocation of Scarce Resources, Reasonable Adjustments
Health Law Human Rights Law Disability Law Property Law Hospital Discharge Public Law Defences ECHR Articles 3, 8, 14 Equality Act 2010 +2 more

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Parties

University College London Hospitals NHS Foundation Trust

Claimant

MB

Defendant

Procedural Posture

Injunction / Interlocutory Application for Interim Relief

Legal Issues

  1. 1 Whether the hospital can lawfully require MB to leave and enforce discharge during COVID-19
  2. 2 Whether MB's rights under Articles 3, 8, 14 ECHR and Equality Act 2010 are breached by discharge
  3. 3 Whether MB's mental health risks preclude discharge

Ratio Decidendi

MB has no sustainable public law defence; hospital's clinical judgment supports discharge; care package and adaptations are reasonable; risk of self-harm or suicide is moderate to low and managed; proprietary rights prevail; urgent need for bed outweighs MB's objections.

Court Disposition

Interim injunction granted enforcing MB's discharge from hospital.

Orders

  • MB must leave the Ward by 12 noon 10 April 2020 (or later time specified by Claimant).
  • Hospital to facilitate transfer of MB and belongings to accommodation.