SM's Application as Father and next friend of RO for a Writ of Habeas Corpus
| Jurisdiction | Northern Ireland |
| Judge | Keegan J |
| Judgment Date | 04 December 2020 |
| Neutral Citation | [2020] NICA 73 |
| Court | Court of Appeal (Northern Ireland) |
| Date | 04 December 2020 |
1
Neutral Citation No: [2020] NIQB 73
Judgment: approved by the Court for handing down
(subject to editorial corrections)*
Ref: KEE11365
Delivered: 04/12/2020
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
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QUEEN’S BENCH DIVISION
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IN THE MATTER OF AN APPLICATION BY SM AS FATHER AND
NEXT FRIEND OF RO FOR A WRIT OF HABEAS CORPUS
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KEEGAN J
Introduction
[1] This application was lodged on 7 October 2020. It was first heard by
Mr Justice McAlinden on 15 October 2020 and on that date the matter was adjourned
pending my judgment with respect to declaratory proceedings. I gave my judgment
on 9 November 2020 and it is reported at [2020] NIFam 23. This matter was then
sent to me for hearing of the habeas corpus application and I heard the case on
23 November 2020. The case before me proceeded on the submissions of
Mr Heraghty on behalf of the applicant and Mr Potter on behalf of the respondent.
Mr Sands appeared as a notice party instructed by the Department of Justice. I
inquired whether the Mental Health Review Tribunal was represented and was told
that the Review Tribunal had been put on notice but did not wish to make any
representations. This has been confirmed in subsequent correspondence.
[2] The application is therefore made within the context of my judgment of
9 November 2020 in which I effectively adjourned declaratory proceedings for this
person and another person who are subject to Hospital Orders with restriction and
who have proceedings before the Review Tribunal. These cases are affected by the
Supreme Court decision in Secretary of State for Justice v MM [2018] UKSC 60 which I
discuss in my decision.
[3] At the outset of these habeas corpus proceedings Mr Potter on behalf of the
Trust accepted that the Trust was a proper respondent and also confirmed that the
Trust was bringing further proceedings before the court by the end of
November/start of December with a view to asking the court to give declaratory
relief which would allow the matter to proceed back to the Review Tribunal before
Christmas with a view to having this applicant discharged into accommodation in
the community along with a care package. I note that these proceedings are not yet
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