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Patient wins right to bypass relative

Posted: 20 January 2005 | Subscribe Online


A woman with a 20-year history of mental health problems has won a test case to prevent her sister having a say on whether she should be admitted to hospital.

Mr Justice Bennett, sitting in the Court of Appeal last week, said the woman, who cannot be named, had "chronic mental health problems" but was still "competent" to make decisions about her future.

She launched a judicial review challenge over Bristol Council's proposals to consult and inform her sister should she need to be admitted to hospital.

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But the judge upheld the woman's claim that her rights to privacy under Article 8 of the European Convention on Human Rights may have been violated because she did not want her sister involved.

The ruling is a setback for those who oppose the proposed replacement of the "nearest relative" with a nominated person or carer under the draft mental health bill.



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