S v Airedale National Health Service Trust

[2003] Lloyd's Rep Med 21

QUEEN'S BENCH DIVISION

and Mr Justice BURNTON

Judicial Review — Lawfulness of seclusion of patient detained under the Mental Health Act 1983 — Whether seclusion can amount to breach of patient's human rights under Articles 3, 5 and 8 of European Convention of Human Rights and Human Rights Act 1998 — Whether seclusion can amount to false imprisonment — Test to be applied when determining lawfulness of seclusion — Relationship between Code of Practice and decisions relating to seclusion policy — Information to be relied upon by medical officer when assessing treatment and risk posed by detained patient