Mental health case delays breach fair hearing rights

A flood of Human Rights Act applications to overturn decisions of the mental health review tribunal could follow a High Court victory this week.The court found that delays of months and repeated cancellations of hearings in seven test cases breached the right to a fair hearing.Mr Justice Stanley held that the issues before these tribunals are probably the most important to be decided by any tribunal as they involve potential compulsory detention and treatment.

He found that responsibility for the violations rested with central government.During 2000-2001, 26,707 compulsory admissions were made under the Mental Health Act 1983, which authorises detention and compulsory treatment.

The tribunals provide an essential protection for the right to liberty of the individual.Ben Conroy, a solicitor with London firm Kaim Todner, who acted for three applicants, intends to lodge a damages claim on their behalf.

He said lawyers would be watching for delays and would be encouraged to bring actions.These actions might include claims for damages for loss of opportunity and potentially also for unlawful imprisonment, he added.The four other claimants were represented by Canterbury firm Harman & Harman, and London firms Galbraith Branley, Stuart Miller & Co, and Archers.Jeremy Fleming