CXF, R (On the Application Of) v Central Bedfordshire Council NHS North Norfolk Clinical Commissioning Group [2018] EWCA Civ 2852 (20 December 2018)

CXF, R (On the Application Of) v Central Bedfordshire Council NHS North Norfolk Clinical Commissioning Group [2018] EWCA Civ 2852 (20 December 2018)

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

Citation
[2018] EWCA Civ 2852
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 (administrative Law) / Appeal From High Court to Court of Appeal
Outcome
appeal dismissed
Legal Topics
Statutory Interpretation, After Care Services, Mental Health Act 1983 S.117, Leave of Absence Under S.17, Duty to Fund Travel Costs, Judicial Review
Public Law Mental Health Law Administrative Law Statutory Interpretation After Care Services Mental Health Act 1983 S.117 Leave of Absence Under S.17 Duty to Fund Travel Costs +1 more

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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 (administrative Law) / 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 on escorted leave of absence under section 17?
  2. 2 Are the services provided during such leave '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 is on escorted leave of absence under section 17 but remains under the care and custody of the hospital; such a patient has not 'ceased to be detained' nor 'left hospital' within the meaning of section 117(1), and services provided during such leave are not 'after-care services'.

Court Disposition

appeal dismissed

Orders

  • Claim for judicial review dismissed
  • No duty under section 117 to fund claimant's mother's travel costs