header-logo header-logo

19 April 2012
Issue: 7510 / Categories: Case law , Law digest , In Court
printer mail-detail

Mental health

Coombs v Dorset NHS Primary Care Trust and another [2012] EWHC 521 (QB), [2012] All ER (D) 42 (Apr)

A detained patient was in a very different position to one who was not subject to compulsory detention. The detaining authority had powers to control, not only the patient’s placement and treatment, as provided for in the Mental Health Act 1983 (MHA 1983), but also many more general activities and freedoms. So long as a person remained detained, any decision about his placement had to be made in accordance with MHA 1983 by the managers of the hospital where he was being detained.

Any decision about his treatment had to be made by his responsible clinician. If a patient, by electing to pay for treatment or care, thereby gained the ability or right to choose the treatment, then that would be inconsistent with the statutory scheme. There was no reason in principle why any practical difficulties should deprive a patient of the right to choose to pay if he so wished.
 

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

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

Daniel Burbeary, office managing partner of Michelman Robinson, discusses launching in London, the power of the law, and what the kitchen can teach us about litigating

Sidley—Jeremy Trinder

Sidley—Jeremy Trinder

Global finance group strengthened by returning partner in London

Joelson—Jennifer Mansoor

Joelson—Jennifer Mansoor

West End firm strengthens employment and immigration team with partner hire

NEWS
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
back-to-top-scroll