RS’ Application
| Jurisdiction | Northern Ireland |
| Judge | Treacey J,Treacy J |
| Judgment Date | 27 June 2014 |
| Neutral Citation | [2014] NIQB 88 |
| Court | Queen's Bench Division (Northern Ireland) |
| Docket Number | TRE9337 |
| Date | 27 June 2014 |
1
Neutral Citation No. [2014] NIQB 88
Ref:
TRE9337
Judgment: approved by the Court for handing down
Delivered:
27/06/2014
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
________
QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)
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RS’s Application [2014] NIQB 88
AN APPLICATION BY RS FOR LEAVE TO APPLY FOR
JUDICIAL REVIEW
AND IN THE MATTER OF A DECISION BY THE SOUTH EASTERN HEALTH
AND SOCIAL CARE TRUST DATED 10 MAY 2014
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TREACY J
Introduction
[1] This is a challenge to both the decision to detain the applicant under Art4 and
later under Art12 of the Mental Health (Northern Ireland) Order 1986 (“the 1986
Order”).
Relief Sought
[2] The applicant seeks the following relief:
(a) An order of certiorari quashing a decision of the South Eastern Health and
Social Care Trust made on 10 day of May 2014 whereby the Applicant was
detained against his will in Downshire Hospital, pursuant to Article 12 of
the Mental Health (Northern Ireland) Order 1986.
(b) A declaration that the said decision is unlawful, ultra vires and of no force
or effect.
(c) An order that the Applicant be released from his detention at Downshire
Hospital and that he shall be allowed to return to the community at large.
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(d) By reason of the continued existence of the decision to detain the
Applicant, an order by way of interim relief suspending the effect of the
decision against the applicant pending the determination of these
proceedings.
(e) Damages for unlawful detention and breach of the Applicant’s rights
pursuant to Article 5 and 8 of the European Convention on Human Rights
for the period commencing on 10 day of May 2014 when the Applicant
was detained by the Respondent until the date of his discharge from
detention.
Grounds upon which Relief is Sought
[3] The relief is sought on the following grounds:
(a) The Respondent’s decision to detain the Applicant on 10 day of May 2014
was Wednesbury unreasonably and procedurally unfair in that the
Respondent’s Approved Social worker has failed to identify adequate
information regarding the Applicant, that was not known to the Mental
Health Review Tribunal for Northern Ireland when it made its
determination on 4 March 2014, that puts a sufficiently different
complexion on the circumstances of the Applicant and that is therefore
sufficient to render the determination of the Mental Health Review
Tribunal redundant.
(b) In detaining the Applicant under Article 4 of the Mental Health (Northern
Ireland) Order 1986 the Respondent’s aced in a manner that was Ultra
Vires, Wednesbury unreasonable and procedurally unfair and dis so, in
particular, by:
(i) Failing to found the Applicant’s detention on an adequate statement
of evidence in accordance with the requirement provided for in
Article 4(3)(c) of the Mental Health (Northern Ireland) Order 1986;
(ii) Failing to apply the appropriate test as provided for by Article 4(2)(b)
of the Mental Health (Northern Ireland) Order 1986;
(iii) Paying regard to evidence that does not fall within Article 2 (4) of the
Mental Health (Northern Ireland) Order 1986 when determining
whether the Applicant met Article 4(2) (b) of the Mental Health
(Northern Ireland) Order 1986;
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