Application by JR18 (Mental Health) for Judicial Review
| Jurisdiction | Northern Ireland |
| Judge | Weatherup J |
| Judgment Date | 2007 |
| Neutral Citation | [2007] NIQB 104 |
| Year | 2007 |
| Court | Queen's Bench Division (Northern Ireland) |
| Date | 23 November 2007 |
1
Neutral Citation no. [2007] NIQB 104
Ref:
WEAL4810.T
Judgment: approved by the Court for handing down
Delivered:
23/11/2007
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)
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AN APPLICATION BY JR18 (MENTAL HEALTH)
FOR JUDICIAL REVIEW
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WEATHERUP J
[1] This is an urgent application for leave to apply for judicial review of a
decision of the Southern Health and Social Services Trust, as communicated
by letter of 22 November 2007, that the applicant’s daughter has capacity to
give instructions in relation to medical treatment while detained as a patient
under the Mental Health (NI) Order 1986. The patient is currently in St.
Luke’s Hospital, Armagh and is on the 28th day of a hunger strike. The
applicant is the mother of the patient. The patient’s designated next of kin is
her father, who has consented to the present proceedings being instituted by
his wife on behalf of their daughter. Mr Larkin QC appears for the applicant
and Mr McAlinden appears for the Trust.
[2] The patient is described by Dr Brazil, Consultant Psychiatrist, as
having a severe emotionally unstable or borderline personality disorder. She
was admitted to the psychiatric unit of Craigavon Area Hospital on 5
September 2007 on a voluntary basis. On 7 September she became agitated
and aggressive and was threatening suicide. She was prevented from leaving
the hospital in her own interests and she became violent and aggressive. She
was detained under the mental health legislation on that day and was
transferred to her present location at St. Luke’s Hospital.
[3] The Mental Health (NI) Order 1986 provides that a person may be
detained if, in the opinion of a responsible medical officer, that person is
suffering from mental illness or severe mental impairment and certain
conditions are satisfied. The patient appealed against her detention and then
withdrew her appeal. I proceed on the basis that the patient satisfies the
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Application by JR18 for Judicial Review [HC (NI)]
...under the Mental Health (NI) Order 1986 on 7 September 2007. She began a hunger strike in late October. The hospita Neutral Citation: [2007] NIQB 104 Court and Reference: High Court, Northern Ireland, Weatherup J Application by JR18 for Judicial Review Issue: Whether it was lawful to provi......