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Mental health – Prisoner. The claimant was detained under s 37 of the Mental Health Act 1983 at a medium security hospital. Following an incident, he was referred for transfer to a high security hospital. Despite requests, the claimant's legal representative was not given the documents that were put before the panel and was not permitted to attend the hearing. Nevertheless, the claimant was given opportunities to put his side of events forward in meetings. His representative declined to make any representations before the panel meeting despite hearing an overview from the claimant. The claimant's transfer was approved, and he issued proceedings for judicial review. In allowing the defendant health trust's appeal, the Court of Appeal, Civil Division, held that, on the evidence, there had not been a breach of common-law principles of procedural fairness.
Mental health – Prisoner. The claimant was detained under s 37 of the Mental Health Act 1983 at a medium security hospital. Following an incident, he was referred for transfer to a high security hospital. Despite requests, the claimant's legal representative was not given the documents that were put before the panel and was not permitted to attend the hearing. Nevertheless, the claimant was given opportunities to put his side of events forward in meetings. His representative declined to make any representations before the panel meeting despite hearing an overview from the claimant. The claimant's transfer was approved, and he issued proceedings for judicial review. In allowing the defendant health trust's appeal, the Court of Appeal, Civil Division, held that, on the evidence, there had not been a breach of common-law principles of procedural fairness.
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