Lyons, Re Judicial Review [2011] ScotCS CSOH_21 (02 February 2011)

The respondent failed to consult patients adequately as required by section 1 of the Mental Health (Care and Treatment) (Scotland) Act 2003; Article 8 ECHR is engaged in respect of the patient's right to choose what to eat and drink, and any interference must be justified. The Board's decision was made without proper consultation and must be reduced.

Citation: [2011] ScotCS CSOH_21
Parties: Petitioner: Clifford Lyons; Respondent: State Hospital Board
Jurisdiction: Scotland
Judgment Date: 02 February 2011
Procedural Posture: Judicial Review / Final Judgment
Outcome: petition sustained; Board's decision reduced
Legal Topics: Consultation Requirements, Patient Rights, Article 8 ECHR, Hospital Management, Personal Autonomy

Public Law Mental Health Law Human Rights Consultation Requirements Patient Rights Article 8 ECHR Hospital Management Personal Autonomy

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Parties

Clifford Lyons

Petitioner

State Hospital Board

Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

1 Whether the State Hospital Board failed to consult patients as required under the Mental Health (Care and Treatment) (Scotland) Act 2003
2 Whether the Board's decision breached the petitioner's rights under Article 8 of the European Convention on Human Rights

Ratio Decidendi

Court Disposition

petition sustained; Board's decision reduced

Orders

Decision of 29 October 2009 reduced under deletion of paragraphs relating to fiscal pricing and take aways
Petitioner's first and fifth pleas in law sustained