Source: All England Reporter
Publisher Citation: [2002] All ER (D) 404 (Nov)
Neutral Citation: [2002] EWHC 2522 (Admin)
Court: Administrative Court
Judge:

Stanley Burnton J

Representation Kris Gledhill (instructed by Galbraith Branley) for the claimant.
  David Forsdick (instructed by the Treasury Solicitor) for the defendant and (instructed by the Solicitor to the Department of Health) for the interested party.
Judgment Dates: 27 November 2002

Catchwords

Mental health - Mental health review tribunal - Powers and duties - Mandatory requirement for medical tribunal member to assess patient prior to hearing - Compatibility of requirement with right to hearing by impartial tribunal - Mental Health Review Tribunal Rules 1983, r 11, European Convention on Human Rights, art 5(4).

The Case

Rule 11 of the Mental Health Review Tribunal Rules 1983, providing for an assessment of the patient by the medical member of the tribunal in advance of the hearing, was not incompatible with the right to art5(4) of the European Convention on Human Rights.

Practice Areas

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