R v East London & The City Mental Health NHS Trust

[2004] Lloyd's Rep Med 228

HOUSE OF LORDS

Lord BINGHAM of Cornhill, Lord STEYN, Lord HOBHOUSE of Woodborough, Lord SCOTT of Foscote, and Lord RODGER of Earlsferry

Mental Health Act 1983 — Judicial Review — Mental Health Review Tribunal (MHRT) — Discharge by MHRT — Further application for detention by Approved Social Worker — Lawfulness of re-detention — Unlawful if object to nullify decision of MHRT with which applicant disagrees — Whether requirement for change in circumstances — Requirement for applicant to give reasons for re-application