MB v South London & Maudsley NHS Foundation Trust
[2023] UKUT 261 (AAC)
In the matter of an application by RM (a person under disability) by SM, his father and next friend for Judicial Review (Northern Ireland)
21 February 2024
[2024] UKSC 7
Supreme Court
A man challenged his continued detention in a psychiatric hospital even though he was allowed to live in the community under supervision. The court ruled that supervision in the community could still be considered 'hospital treatment' if necessary for his condition, meaning his detention was lawful.
Key Facts
- •RM, a restricted patient under the Mental Health (Northern Ireland) Order 1986, challenged the review tribunal's refusal to order his discharge.
- •RM's treatment plan involved Article 15 leave (leave of absence) in a community setting.
- •The review tribunal and Colton J relied on English case law interpreting similar provisions, applying a 'significant component' test for hospital treatment.
- •The NICA allowed RM's appeal, finding the English case law inapplicable due to differences in the Northern Ireland and English legislation.
- •The appeal to the High Court considers the proper interpretation of the 'necessity' test for detention under both legislative schemes and the role of Article 15 leave in discharge decisions.
Legal Principles
Necessity Test for Detention
Mental Health (Northern Ireland) Order 1986, Article 12(1)(a); Mental Health Act 1983, Section 3(2)(a)
Interpretation of 'Medical Treatment in Hospital'
Mental Health (Northern Ireland) Order 1986, Articles 2, 77, 78
Role of Article 15 Leave of Absence
Mental Health (Northern Ireland) Order 1986, Article 15
Strict Construction of Compulsory Detention Provisions
Common law principles; Article 5(1)(e) of the European Convention on Human Rights
Outcomes
Appeal allowed; review tribunal's decision restored.
The NICA's interpretation of the legislation was incorrect. The 'significant component' test is rejected. Article 15 leave does not preclude a finding that detention is warranted if the overall treatment plan, including community supervision, necessitates hospital detention.
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