Djaba v West London Mental Health Trust and another

Mental health – Persons who lacked capacity. The First-tier Tribunal (Health, Education and Social Care Chamber) did not have jurisdiction to conduct an assessment beyond that dictated by ss 72 and 73 of the Mental Health Act 1983, in particular, concerning arts 5 and 8 of the European Convention on Human Rights. Accordingly, the Court of Appeal, Civil Division, in dismissing the appellant's appeal concerning his accommodation in a super seclusion suite, held that that assessment had been carried out and the appellant's appeal had been correctly dismissed.

Category: