X's Application (No.2)
| Jurisdiction | Northern Ireland |
| Judge | Stephens J |
| Judgment Date | 09 January 2009 |
| Neutral Citation | [2009] NIQB 2 |
| Court | Queen's Bench Division (Northern Ireland) |
| Date | 09 January 2009 |
1
Neutral Citation No.: [2009] NIQB 2 Ref:
STE7349
Judgment: approved by the Court for handing down Delivered:
9/1/09
(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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X’s application (No.2)
AN APPLICATION FOR JUDICIAL REVIEW BY
X [No. 2]
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STEPHENS J
Introduction
[1] The applicant, X, has been detained since May 2002 under the Mental
Health (Northern Ireland) Order 1986 as amended. This application
challenges the decision of the Mental Health Review Tribunal for Northern
Ireland (“the Tribunal”) of 15 April 2008. The Tribunal was satisfied that the
applicant suffered from a severe mental impairment, a central feature of
which was an IQ in the range of 35/49. However the Tribunal was not
satisfied that the applicant’s discharge would create a substantial likelihood
of serious physical harm to himself or to other persons. Accordingly the
Tribunal directed the applicant’s discharge but it also decided to defer his
discharge for a period of 6 weeks “to enable the Trust to ensure that a
satisfactory, robust care package is in place for the patient upon his discharge
from hospital on that date”. It is the lawfulness of the decision to defer
discharge for 6 weeks in order to enable the Trust to ensure that a satisfactory
robust care package is in place which is the subject of this judicial review
application which was commenced against the Tribunal (“the first
respondent”) and the relevant Trust (“the second respondent”).
[2] The grounds upon which the applicant challenged the lawfulness of
the Tribunal’s decision to defer discharge can be conveniently addressed
under three distinct headings as follows:-
(a) Article 77(1) of the Mental Health (Northern Ireland)
Order 1986 is mandatory requiring the Tribunal to direct
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X (acting by his next friend Y) v The Mental Health Review Tribunal for NI and the Belfast Health and Social Care Trust
...contentions in those proceedings are to be found at paragraph [2] of my judgment dated 9 January 2009 in X's Application (No.2) [2009] NIQB 2. A succinct summary is that the applicant contended that on the true construction of Article 77(2) of the Mental Health (Northern Ireland) Order 1986......