Blake Morgan success in landmark mental health appeal
Blake Morgan, acting on behalf of the Welsh Ministers, has successfully appealed a decision of the Upper Tribunal (on appeal from the Mental Health Review Tribunal for Wales) in the matter of Re PJ. The decision extended the tribunal's jurisdiction in relation to the consideration of whether a patient's treatment plan on his discharge from hospital amounts to a deprivation of liberty contrary to the Human Rights Act 1998. Such extension was, in Welsh Ministers view, ultra vires, unlawful and had wide ranging implications.
The main grounds of appeal were that the Upper Tribunal could not extend its jurisdiction under section 72 of the Mental Health Act 1983 to revise conditions imposed by the patient's responsible clinician under a Community Treatment Order ("CTO") and/or to adjourn proceedings for such conditions to be revised and/or to take into account Article 5 of the ECHR.
The appeal was listed to be heard alongside another case involving similar issues (Re MM) in June 2016. The combined Judgment has been handed down today and both appeals were successful.
Click here to read the full judgment.