K (by his litigation friend) v Hospital Managers of the Kingswood Centre and another

Mental health – Patient. The claimant's mother appealed against the refusal to issue a writ of habeas corpus in respect of the defendants' refusal to discharge her son from hospital. The proceedings raised an issue as to whether the notice period of a discharge order, which had been made for the purposes of s 25 of the Mental Health Act 1983 and served in accordance with reg 3(3)(b)(i) of the Mental Health (Hospital, Guardianship and Treatment) (England) Regulations 2008, SI 2008/1184, started running from the time at which it was received at the defendant's fax machine, or whether time ran from when it was received by the officer which had been authorised by the hospital managers. The Court of Appeal Civil Division, in dismissing the claimant's appeal, held that time could not have begun to run until the authorised officer had received the faxed documents.

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