Riverside Mental Health Trust, ex parte Huzzey [1998] 43 BMLR 167 (QBD)

Section 3 Mental Health Act 1983 – continued detention

The managers of a hospital, in order to justify a patient’s continued detention under s3 MHA, could not rely on a joint ‘barring’ report which simply indicated that the patient required treatment, but operated on the premise that further assessment was required in order to determine the appropriate treatment which would be required. The proper question for the manager was whether, if discharged, the patient would be likely to act in a manner dangerous to other persons or to himself. Since they had not addressed their minds to the question at all, their decision was irrational.

Damages for false imprisonment were assessed at £26,000 at a hearing on 26 February 2001.

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