11. Mental Health

Taha v Broadmeadows Magistrates’ Court & Ors; Brookes v Magistrates’ Court of Victoria & Anor [2011] VSC 642 (16 December 2011)

Charter requires consideration of ‘special circumstances’ of alleged infringement offenders Taha v Broadmeadows Magistrates’ Court & Ors; Brookes v Magistrates’ Court of Victoria & Anor [2011] VSC 642 (16 December 2011) Summary The Supreme Court has held that infringements officers and courts may have a duty to inquire whether a person has ‘special circumstances’ – [...]

Pearson v United Kingdom [2011] ECHR 2319 (13 December 2011)

Investigating potential breaches of the right to life:  ‘Unified’ investigation processes not necessary Pearson v United Kingdom [2011] ECHR 2319 (13 December 2011) Summary The European Court of Human Rights has clarified the scope of a State party’s obligation to investigate a death in circumstances involving a potential breach of the right to life. In [...]

Sessay, R (on the application of) v South London & Maudsley NHS Foundation Trust & Anor [2011] EWHC 2617 (QB) (13 October 2011)

Detention of person with mental illness was arbitrary and unlawful Sessay, R (on the application of) v South London & Maudsley NHS Foundation Trust & Anor [2011] EWHC 2617 (QB) (13 October 2011) Summary The High Court of England and Wales considered the circumstances in which the compulsory admission to hospital of non-compliant incapacitated patients [...]

The Queen (on the application of S) v The Secretary of State for the Home Department [2011] EWCH 2120 (Admin) (5 August 2011)

UK’s detention of individual suffering mental illness amounted to torture and ill-treatment The Queen (on the application of S) v The Secretary of State for the Home Department [2011] EWCH 2120 (Admin) (5 August 2011) Summary The Claimant, S, sought judicial review of the decision to detain him pending deportation. Owing to circumstances relating to [...]

P J B v Melbourne Health & Anor (Patrick’s case) [2011] VSC 327 (19 July 2011)

Charter Promotes and Protects Rights of Person with Disability P J B v Melbourne Health & Anor (Patrick’s case) [2011] VSC 327 (19 July 2011) Summary In this case, the Supreme Court of Victoria held that the Victorian Civil and Administrative Tribunal had both failed to interpret law consistently with human rights and had itself [...]

LM v Latvia [2011] ECHR (Application No 26000/02, 19 July 2011)

Detention for mental health purposes must be subject to strict safeguards and review LM v Latvia [2011] ECHR (Application No 26000/02, 19 July 2011) Summary In LM v Latvia, the European Court of Human Rights affirmed the importance of ensuring that domestic law provides adequate legal protections to persons with mental illness who are involuntarily [...]

TTM v London Borough of Hackney & Ors [2011] EWCA Civ 4 (14 January 2011)

Mental Health and the Right to Liberty – Unlawful Detention in Mental Health Facility and the Right to Compensation TTM v London Borough of Hackney & Ors [2011] EWCA Civ 4 (14 January 2011) Summary The UK Court of Appeal recently considered the legality of detention of a mental health patient where the patient’s “nearest [...]

Al Hassan-Daniel & Anor v HM Revenue and Customs & Anor [2010] EWCA Civ 1443 (15 December 2010)

‘Human Rights are Not Just for the Virtuous’: Will Criminal Conduct Prevent a Claim for Breach of Human Rights? Al Hassan-Daniel & Anor v HM Revenue and Customs & Anor [2010] EWCA Civ 1443 (15 December 2010) This case concerned the death in custody of Anthony Daniel, a drug smuggler and user.  Mr Daniel’s widow [...]

Bennett v United Kingdom – 5527/08 [2010] ECHR 2142 (7 December 2010)

Permissible Use of Force and the Investigation of Police-Related Deaths Bennett v United Kingdom – 5527/08 [2010] ECHR 2142 (7 December 2010) An essential safeguard to the right of life enshrined in art 2 of the European Convention on Human Rights is that effective official investigations are conducted when individuals are killed through the use [...]

Antunovic v Dawson & Anor [2010] VSC 377 (25 August 2010)

Supreme Court Considers Right to Liberty and Security of Person Subject to Involuntary Mental Health Treatment Antunovic v Dawson & Anor [2010] VSC 377 (25 August 2010) On an application for a writ of habeas corpus, Bell J of the Supreme Court of Victoria held that the provision in the Mental Health Act 1986 (Vic) [...]

Director of Public Transport v XFJ [2010] VSC 319 (29 July 2010)

Charter Rights Should be Construed Broadly and by Reference to International and Comparative Human Rights Jurisprudence Director of Public Transport v XFJ [2010] VSC 319 (29 July 2010) The Victorian Supreme Court has affirmed the importance of a broad approach to the construction of human rights in the Charter, including appropriate reliance on international human [...]

Castles v Secretary to the Department of Justice [2010] VSC 310 (9 July 2010)

Right to Humane Treatment in Detention and Prisoner Access to Health Care Castles v Secretary to the Department of Justice [2010] VSC 310 (9 July 2010) On 9 July 2010, the Supreme Court of Victoria found that the plaintiff, Kimberley Castles, is entitled under s 47(1)(f) of the Corrections Act 1986 to undergo IVF treatment.  [...]

Castles v Secretary of the Department of Justice & Ors [2010] VSC 181 (4 May 2010)

Supreme Court Orders Speedy Trial to Determine Prisoner’s Eligibility to Access IVF Treatment under Victorian Charter Castles v Secretary of the Department of Justice & Ors [2010] VSC 181 (4 May 2010) The Supreme Court of Victoria has rejected an application by a female prisoner for an injunction restraining the Secretary of the Department of [...]

In the matter of a Major Review of Derek Ernest Percy [2010] VSC 179 (31 March 2010)

Statutory Interpretation and Limitations on Rights In the matter of a Major Review of Derek Ernest Percy [2010] VSC 179 (31 March 2010) Derek Percy, the only remaining prisoner in Victoria who was found not guilty of murder on the grounds of insanity, sought to have his custodial supervision order varied pursuant to the Crimes [...]

N, R (on the application of) v Secretary of State for Health [2009] EWCA Civ 795 (24 July 2009)

Smoking Ban in High-Security Psychiatric Hospitals does not Contravene Right to Privacy N, R (on the application of) v Secretary of State for Health [2009] EWCA Civ 795 (24 July 2009) The House of Lords held that a policy of banning smoking at a psychiatric hospital did not contravene the patients’ human rights and was [...]

Kracke v Mental Health Review Board [2009] VCAT 646 (23 April 2009)

Failure to Review Involuntary Treatment a Breach of Human Rights Kracke v Mental Health Review Board [2009] VCAT 646 (23 April 2009) On 23 April 2009, Justice Bell, President of the Victorian Civil and Administrative Tribunal, handed down a significant decision which discussed in detail important aspects of the application and operation of the Charter.  [...]

09-085 [2009] VMHRB (23 February 2009)

Mental Health and the Charter 09-085 [2009] VMHRB (23 February 2009) In this case, which concerned the review of a community treatment order (‘CTO’) that prescribed a drug with serious side-effects, a number of significant issues arose in relation to the Charter: Is the Board a ‘public authority’ and/or a ‘court or tribunal’ for the [...]

Savage v South Essex Partnership NHS Foundation Trust [2008] UKHL 74 (10 December 2008)

The House of Lords has held that, pursuant to the right to life, health authorities have an ‘over-arching obligation to protect the lives of patients in their hospitals’. This obligation includes a duty to ensure that staff are highly trained, professional and competent and that the policies, procedures and systems in place at the hospital [...]

09-003 [2008] VMHRB 1 (8 July 2008) – Application of the Charter to Mental Health Act and Mental Health Review Board

In this case, concerning the failure of the Mental Health Board to conduct a review of the involuntary treatment of a patient under the Mental Health Act, a number of very significant issues arose in relation to the Charter:       1.       Does the Charter apply to the proceeding and, if so, how? 2.       Is the [...]

MH6 v Mental Health Review Board (General) [2008] VCAT 846 (7 May 2008)

In a decision regarding the review of an involuntary treatment order under the Mental Health Act 1986 (Vic), VCAT considered the application of the obligation under s 32(1) of the Charter to interpret laws consistently with human rights. Detailed case note.

Shtukaturov v Russia [2008] ECHR 44009/05 (27 March 2008)

In this case, the European Court of Human Rights considered human rights issues arising from involuntary admission and treatment on the ground of mental illness. Detailed case note.

Pankiewicz v Poland [2008] ECHR 34151/4 (12 February 2008)

In this case, the European Court of Human Rights considered the legality of: 1. detaining a mentally ill prisoner pending transfer to a psychiatric hospital; and 2. the length of pre-trial detention – under arts 5(1) and 5(3)of the European Convention on Human Rights. Detailed case note.

Savage v South Essex Partnership NHS Foundation Trust [2007] EWCA Civ 1375 (20 December 2007)

The UK Court of Appeal has held that the right to life includes a positive obligation to actively safeguard life and that the negligent failure of a psychiatric hospital to take adequate steps to prevent the suicide of a patient amounted to a violation of that patient’s right to life. Detailed case note.

Dyebeku v Albania [2007] ECHR 41153/06 (18 December 2007)

The European Court has held that public authorities have a particular duty and responsibility for the health and well-being of those in its custody or detention.  The Court further held that a failure to provide adequate mental health care to detainees in circumstances which do not adequately accommodate, or which result in the deterioration of, [...]

R v White [2007] VSC 142 (7 May 2007)

The incarceration in prison of a person with a severe psychiatric illness may amount to a violation of the Victorian Charter of Human Rights, according to Bongiorno J of the Supreme Court of Victoria. Detailed case note. The full text decision is available at http://www.austlii.edu.au/au/cases/vic/VSC/2007/142.html.

R (on the application of H) v Mental Health Review Tribunal [2007] All ER (D) 29 (Apr)

The claimant was the subject of hospital and restriction orders under the Mental Health Act 1983 (UK). The Mental Health Review Tribunal reviewed the claimant’s position and subsequently ordered the claimant’s discharge under s 73 of the Act on the condition that, amongst other things, the claimant ‘shall comply’ with medication prescribed by a specified [...]