Welsh Ministers v PJ

Welsh Ministers v PJ

The Mental Health Act 1983 does not give a responsible clinician power to impose conditions in a Community Treatment Order that have the effect of depriving a patient of his liberty within the meaning of Article 5 of the European Convention on Human Rights. There is no express or necessarily implied statutory authority for such deprivation, and fundamental rights cannot be overridden by general or ambiguous words.

Parties
Appellant: PJ; Respondent: Welsh Ministers; Intervener: Mind
Jurisdiction
England and Wales
Judgment Date
17 December 2018
Procedural Posture
Appeal / Supreme Court Judgment
Outcome
Appeal allowed
Legal Topics
Community Treatment Orders, Deprivation of Liberty, Statutory Interpretation, Article 5 ECHR, Mental Health Act 1983
Mental Health Law Human Rights Law Administrative Law Community Treatment Orders Deprivation of Liberty Statutory Interpretation Article 5 ECHR Mental Health Act 1983

Case Brief

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Parties

PJ

Appellant

Welsh Ministers

Respondent

Mind

Intervener

Procedural Posture

Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether a responsible clinician can impose conditions in a Community Treatment Order (CTO) that amount to a deprivation of liberty under Article 5 ECHR
  2. 2 Whether the Mental Health Review Tribunal (MHRT) has power to discharge a CTO if its terms result in unlawful deprivation of liberty

Ratio Decidendi

The Mental Health Act 1983 does not give a responsible clinician power to impose conditions in a Community Treatment Order that have the effect of depriving a patient of his liberty within the meaning of Article 5 of the European Convention on Human Rights. There is no express or necessarily implied statutory authority for such deprivation, and fundamental rights cannot be overridden by general or ambiguous words.

Court Disposition

Appeal allowed

Orders

  • Declaration that there is no power to impose conditions in a CTO which have the effect of depriving a patient of his liberty.