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Mental health patients may sue for unlawful detention

Posted: 26 April 2002 | Subscribe Online


Thousands of mental health patients may be able to claim compensation following high court test case rulings that the government breached the human rights of people compulsorily detained in psychiatric hospitals, writes Katie Leason.

A judge found that breaches occurred because patients sectioned under the Mental Health Act did not receive speedy reviews of their detention, and may have been wrongly deprived of their freedom.

Lawyers for the seven test case patients, who will be applying for compensation within the next few months, said the ruling "potentially affects thousands of people throughout England and Wales". The patients, who cannot be identified for legal reasons, complained they suffered long delays, in one case up to 27 weeks, and frequent and repeated cancellations of their hearings.

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Mr Justice Stanley Burnton said they had a right to speedy hearings in case they were being wrongly detained. That right was protected by article 5(4) of the European Convention on Human Rights, and had been infringed because of the delays and repeated adjournments the patients had suffered because of central government failures.

"On the evidence before me, the principle causes for cancellations and delays were the shortage of tribunal members, particularly medical members, and shortage and lack of training of staff," he said. "The state has not established that it has taken appropriate action to ensure that tribunals are adequately staffed."

The health secretary must now provide "such resources as will provide speedy hearings".



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