Mental Health in UK Law

Leading Cases
  • R v Knowles and Others
    • Court of Appeal
    • 05 Feb 2015

    In considering that wider question the matters to which a judge will invariably have to have regard to include (1) the extent to which the offender needs treatment for the mental disorder from which the offender suffers, (2) the extent to which the offending is attributable to the mental disorder, (3) the extent to which punishment is required and (4) the protection of the public including the regime for deciding release and the regime after release.

  • Richen Turner v Government of the USA
    • Queen's Bench Division (Administrative Court)
    • 28 Aug 2012

    (4) The mental condition of the person must be such that it removes his capacity to resist the impulse to commit suicide, otherwise it will not be his mental condition but his own voluntary act which puts him at risk of dying and if that is the case there is no oppression in ordering extradition: Rot v District Court of Lubin, Poland [2010] EWHC 1820 at [13] per Mitting J. (5) On the evidence, is the risk that the person will succeed in committing suicide, whatever steps are taken, sufficiently great to result in a finding of oppression: ibid.

  • R (Razgar) v Secretary of State for the Home Department
    • Queen's Bench Division (Administrative Court)
    • 20 Nov 2002

    Bensaid is important for its statements of principle about the potential applicability of Article 8 in the context of mental health: the stress that the court placed on mental health as a crucial part of private life, associated with the aspect of moral integrity and on the preservation of mental stability as an indispensable precondition to effective enjoyment of the right to respect for private life.

  • R (H) v Secretary of State for the Home Department and another; R (on the application of IH) v Nottinghamshire Healthcare NHS Trust
    • Court of Appeal
    • 15 May 2002

    The Health Authority subject to the s.117 duty will then be bound to use its best endeavours to put in place the necessary aftercare. If, despite its best endeavours, the Health Authority is unable to provide the necessary services, the Tribunal must think again. If, as is likely in those circumstances, it concludes that it is necessary for the patient to remain detained in hospital in order to receive the treatment, it should record that decision.

  • R (H) v Ashworth Hospital Authority and Others; R (Ashworth Hospital Authority) v Mental Health Review Tribunal for West Midlands and North West Region and Others
    • Queen's Bench Division (Administrative Court)
    • 09 Nov 2001

    Secondly, it appears from Mr Lloyd's note that at no stage of the hearing before the Tribunal announced their decision were the parties before the Tribunal informed of the findings of Dr Cashman as a result of his interview with H.

  • R (H) v London North and East Region Mental Health Review Tribunal
    • Court of Appeal
    • 28 Mar 2001

    Indeed, in our experience where a tribunal refuses an application for a discharge it usually gives reasons for doing so that involve a positive finding that the patient is suffering from a mental disorder that warrants his or her continued detention.

  • R (Anam) v Secretary of State for the Home Department
    • Queen's Bench Division (Administrative Court)
    • 13 Oct 2009

    The upshot of all this is that although a person's mental illness means a strong presumption in favour of release will operate, there are other factors which go into the balance in a decision to detain under the policy. To be factored in, in individual cases, are matters such as the risk of further offending or public harm and the risk of absconding.

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Books & Journal Articles
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Law Firm Commentaries
  • Mental Health Providers' Forum
    • Mondaq UK
    • November 01, 2020
  • Mental health and employers (UK)
    • LexBlog United Kingdom
    • Squire Patton Boggs
    • February 05, 2020
    Mental health is clearly an important concern for all employers who wish to promote the wellbeing of their employees. UK employers are now facing costs of up to £45 billion per year because of thei...
  • Mental health in recruitment
    • LexBlog United Kingdom
    • Squire Patton Boggs
    • May 11, 2017
    According to ACAS, “at least one in four of us will suffer from a mental health problem at some point in our lives”. A scary statistic, but scarier still is the prospect that this creates an annual...
  • Managing mental health issues at work
    • JD Supra United Kingdom
    • Bryan Cave Leighton Paisner
    • May 14, 2019
    This week is UK Mental Health Awareness Week. Managing mental health in the workplace is an increasing priority for employers, with a recent survey highlighting costs to business of near...
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