Source: All England Reporter
Publisher Citation: [2010] All ER (D) 76 (Feb)
Court: Queen's Bench Division, Administrative Court (London)
Judge:

Wyn Williams J (Judgment delivered extempore)
Representation Matthew Seligman (instructed by Steel and Shamash) for V.
  Vikram Sachdeva (instructed by Ridouts) for the trust.
  Martin Russell (instructed by Croydon London Borough Council, Legal Services) for the authority.
Judgment Dates: 8 February 2010

Catchwords

Mental health - Admission of patient to hospital - Admission for treatment - Application - Nearest relative - V admitted to hospital for treatment at instigation of local authority - Authority later applying to have V detained pursuant to different power - Approved social worker from authority subsequently making application for admission for treatment without consulting V's nearest relative - Consultation thought to involve unreasonable delay - Nature of provision establishing consultation safeguard - Whether V lawfully detained - ss 3, 5, 6, 11.

The Case

Mental health Admission of patient to hospital. The Administrative Court held, in granting a writ of habeas corpus, that the decision of the local authority's approved social worker to apply under s3 of the for the further detention of an individual with psychiatric problems, but whose diagnosis was not clear, was plainly wrong. The Court also ruled that s11(4) of the 1983 Act (as amended by the ) required the approved mental health professional to form a judgment upon the issue of whether holding a consultation would involve unreasonable delay, and that in reaching that judgment, s-he should consider the circumstances, namely those which were known to him-her or which were believed by him-her to subsist.

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