In the matter of an application by JR49 (acting by his mother and next friend) for Judicial Review and in the matter of a decision of the department of health, Social Services and Public Safety Dated 10 March 2011
| Jurisdiction | Northern Ireland |
| Judge | Treacy J |
| Judgment Date | 04 May 2011 |
| Neutral Citation | [2011] NIQB 41 |
| Court | Queen's Bench Division (Northern Ireland) |
| Date | 04 May 2011 |
1
Neutral Citation No: [2011] NIQB 41 Ref:
TRE8172
Judgment: approved by the Court for handing down Delivered:
04/05/11
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
________
QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)
________
IN THE MATTER OF AN APPLICATION BY JR49 (ACTING BY HIS MOTHER
AND NEXT FRIEND) FOR JUDICIAL REVIEW
AND IN THE MATTER OF A DECISION OF THE DEPARTMENT OF HEALTH,
SOCIAL SERVICE AND PUBLIC SAFETY DATED 10 MARCH 2011
________
TREACY J
Introduction
1. The applicant seeks an order of certiorari quashing the order dated 10 March
2011 made by the respondent authorising the applicant’s removal from a
hospital in Northern Ireland to a hospital in England pursuant to Section 82 of
the Mental Health Act 1983 (“the 1983 Act”).
2. Interim relief to stay the pending transfer was granted on the evening of 22
March 2011, leave was granted on 29th March 2011 and an expedited hearing
was directed.
3. An application was made very late in the day by the Northern Ireland
Commissioner for Children and Young People (NICCY) to intervene by way
of written submissions in this case. This application was not opposed by the
parties so the Court received the Commissioner’s submissions although these
do not in fact materially add to the case already made by the applicant.
Background
4. The applicant, who turned 17 on 3 April 2011, has been detained in Beechcroft
Child and Adolescent Mental Health Unit pursuant to Article 121 of the
Mental Health (NI) Order 1986 (“the 1986 Order”) since 12 October 2010.
1 “Detention for treatment
12.—(1) Where, during the period for which a patient is detained for assessment by virtue of Article
9(8), he is examined by a medical practitioner appointed for the purposes of this Part by the
To continue reading
Request your trial