Practice

Mental disorder - compulsorily detained patient applying to mental health review tribunal - practice of routinely listing applications for hearing eight weeks after application date unlawfulR (C) v Mental Health Review Tribunal London South and South West Region: CA (Lord Phillips of Worth Matravers MR, Jonathan Parker LJ and Lord Mustill): 3 July 2001The patient, who suffered from schizophrenia, had spent some periods in hospital both on a voluntary and on a compulsory basis.

Having been admitted compulsorily under section 3 of the Mental Health Act 1983 in October 2000 he applied to a mental health review tribunal to determine the lawfulness of his detention.

In accordance with the usual practice the hearing date was fixed eight weeks after the application date.

He applied for judicial review of the hearing date on the ground that the practice contravened article 5(4) of the European Convention for the Protection of Human Rights and Fundamental Freedoms which entitled a patient to take proceedings to have the lawfulness of his detention decided speedily by a court.

His application was refused.

The patient appealed.Oliver Thorold and Stephen Simblet (instructed by Jacqueline Everett & Co) for the patient.

Nathalie Lieven (instructed by the Treasury Solicitor) for the tribunal.Held, allowing the appeal, that a practice of routinely listing applications by patients compulsorily detained under section 3 of the 1983 Act for hearing by a mental health review tribunal eight weeks after the request date did not comply with the requirement in article 5(4) of the convention that the lawfulness of the patient's detention be decided speedily by a court; and that, accordingly, each individual application should be heard as soon as reasonably practicable in the circumstances of the case.

(WLR)