SC’s Application
| Jurisdiction | Northern Ireland |
| Judge | Treacy J |
| Judgment Date | 09 June 2014 |
| Neutral Citation | [2014] NIQB 78 |
| Court | Queen's Bench Division (Northern Ireland) |
| Docket Number | TRE9305 |
| Date | 09 June 2014 |
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Neutral Citation No [2014] NIQB 78
Ref:
TRE9305
Judgment: approved by the Court for handing down
Delivered:
9/6/14
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
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QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)
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SC’s Application [2014] NIQB 78
IN THE MATTER OF AN APPLICATION BY SC FOR LEAVE TO APPLY FOR
JUDICIAL REVIEW
AND IN THE MATTER OF DECISIONS BY THE MENTAL HEALTH REVIEW
TRIBUNAL DATED 16 APRIL 2013
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TREACY J
Introduction
[1] The Applicant is a 23 year old man who resides as an inpatient in the Avoca
Ward of Knockbracken Healthcare Park, detained under Article 12 of the Mental Health
(Northern Ireland) Order 1986. In early 2013 he made an application to have the
legality of his detention reviewed. By decision of 30 April 2013 the Mental Health
Review Tribunal for Northern Ireland (“the MHRT”) directed that he should not be
discharged. The Applicant challenged that decision. I earlier dismissed the application
with brief reasons and indicated to the parties that I would furnish a written judgment.
Relief Sought
[2] The Applicant seeks the following relief:
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(a) An order of certiorari quashing the decision of the MHRT made on 16 April 2013
whereby the Tribunal directed that the Applicant should remain detained in
accordance with the provisions of the Mental Health (Northern Ireland) Order
1986.
(b) An order of mandamus requiring the MHRT to provide a re-hearing of the
Applicant’s case before a differently constituted panel within an expedited
period of time.
(c) An order of mandamus requiring the MHRT to expunge all record of the decision
dated 16 April 2013 from their records.
(d) A declaration that the said decision is unlawful, ultra vires and of no force or
effect.
Grounds upon which Relief is Sought
[3] The relief is sought on the following grounds:
(a) The decision of the adjudicating MHRT is procedurally unfair, in particular by:
(i) Giving reasons that give rise to substantial doubt that the decision maker
correctly applied the law with regard to the appropriate burden of proof
in accordance with Article 77(1) of the Mental Health (Northern Ireland)
Order 1986 (as amended).
(ii) Giving reasons that give rise to a substantial doubt that the decision
maker correctly applied the law with regard to the appropriate test in
accordance with Article 77(1)(b) of the Mental Health (Northern Ireland)
Order 1986 (as amended).
(iii) Giving reasons that give rise to substantial doubt that the decision maker
reached a rational decision, in light of the evidence referred to by the
decision maker, in accordance with Article 77(1) of the Mental Health
(Northern Ireland) Order 1986 (as amended).
(iv) Giving reasons that give rise to substantial inference that the decision
maker reached its decision based on a misunderstanding of the evidence
put before the Tribunal and the submissions made by the Applicant’s
counsel at the hearing before the Tribunal.
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