Mark Mullins reports on unlawful detention
On the 30 January 2009 an approved mental health professional (AMHP) working for the London Borough of Hackney made an application for the compulsory admission to hospital, under s 3 of the Mental Health Act 1983 (MHA 1983), of M, a painter and decorator. Her application stated that she had consulted with M’s brother (his “nearest relative”) and that he did not object.
The procedure for compulsory admission under MHA 1983 says that a s 3 application “may not be made” if the “nearest relative” objects (s 11(4)(a)). An application “which appears to be duly made” may be acted upon by hospital managers without further proof of any fact or opinion in it and gives a hospital legal authority to detain and treat a patient (s 6(3)).
The AMHP’s application was accepted and M was detained in the hospital trust’s hospital.
Habeas corpus proceedings
Habeas corpus proceedings brought urgently in the Administrative Court were decided on 11 February 2009. Burton J. heard oral evidence from M’s brother and the AMHP. He found that the AMHP was honest
