Court of Appeal allows appeal against detention under Mental Health Act
A man who was accused of stalking women and then detained under the Mental Health Act 1983 (the 1983 Act) has succeeded in his human rights claim.
The case, TTM v London Borough of Hackney and Ors [2011] EWCA Civ 4, concerned a Lithuanian national who was originally admitted to Homerton Hospital under s 2 of the 1983 Act for assessment and was subsequently detained under s 3 of the Act for treatment. His brother, who was his nearest living relative, initially recognised that M needed treatment but later objected to his detention. However, the Approved Mental Health Professional (AMHP) did not inform the hospital managers because she honestly believed his objection had been withdrawn.
Under the 1983 Act, an AMHP may not make a s 3 application if the nearest relative has raised an objection. If that happens then different procedures for detention must be followed.
The Court of Appeal allowed the man’s appeal, finding that he was lawfully detained but later wrongfully deprived of his liberty by the unlawful conduct of
the AMHP.
When he
