JT v United Kingdom 1998 (Application No. 26494/95) (European Commission)

This was an application by a patient detained under s3 MHA 1983, alleging that her inability to change her designated relative under s26 MHA 1983 – her mother – violated her right to respect for her private life under article 8 of the Convention. She claimed that her stepfather had sexually abused her and she objected to her mother receiving confidential information about and discussing it with her stepfather.

The European Commission agreed with her submissions, as did the government, ultimately; and the case was disposed of by way of a friendly settlement, with the government undertaking to amend the relevant provisions of the MHA 1983.

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