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15 February 2007 / Neil Allen
Issue: 7260 / Categories: Features , Mental health
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A call for order

Health care professionals must exercise restraint before revolving the hospital door, says Neil Allen

The psychiatric and legal professions are often uncomfortable bedfellows. One area of particular controversy concerns the re-admission of patients released into the community by mental health review tribunals. The detaining authorities will inevitably disagree with discharge decisions. Indeed, such is the fluctuating nature of mental disorder that episodes of acute illness following hospitalisation are not uncommon as patients react to the pressures of community life. However, due deference to clinical freedom must sometimes yield to legitimate fears over arbitrary detention. R (Care Principles Ltd) v Mental Health Review Tribunal and others [2006] EWHC 3194 (Admin) serves as a timely reminder that health care professionals must exercise restraint before revolving their hospital door.

The proceedings

Following his aggressive behaviour towards hostel staff and fellow residents, and threats to social workers, a young man with mild learning disabilities was detained in a medium-security hospital for psychiatric assessment. In the absence of a sufficient causal link between his conduct and mental disorder

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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