header-logo header-logo

16 February 2011 / Mark Mullins
Issue: 7453 / Categories: Features , Public
printer mail-detail

A liberty worth defending

Mark Mullins reports on unlawful detention

On the 30 January 2009 an approved mental health professional (AMHP) working for the London Borough of Hackney made an application for the compulsory admission to hospital, under s 3 of the Mental Health Act 1983 (MHA 1983), of M, a painter and decorator. Her application stated that she had consulted with M’s brother (his “nearest relative”) and that he did not object.

The procedure for compulsory admission under MHA 1983  says that a s 3 application “may not be made” if the “nearest relative” objects (s 11(4)(a)). An application “which appears to be duly made” may be acted upon by hospital managers without further proof of any fact or opinion in it and gives a hospital legal authority to detain and treat a patient (s 6(3)).

The AMHP’s application was accepted and M was detained in the hospital trust’s hospital.

Habeas corpus proceedings

Habeas corpus proceedings brought urgently in the Administrative Court were decided on 11 February 2009. Burton J. heard oral evidence from M’s brother

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
back-to-top-scroll