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06 November 2006

Module 7: Transfer, Leave & Discharge and Miscellenous

1. Can a patient, who has been discharged from involuntary status by the M.H. Tribunal, sucessfully sue the psychiatrist for having detained them involuntarily? If so, under what conditions might such a suit be successful? 2. Can a patient, who has been just discharged from involuntary status by the MHT, and who the consultant re-makes an involuntary patient straight after (as the consultant believes the patient is a risk to themselves/others), be sucessfully sued by the patient?

In relation to both your questions please see Section 73 of the Mental Health Act 2001.

 

 

73 (1) No civil proceedings shall be instituted in respect of an Act purporting to have been done in pursuance of this Act save by leave of the High Court and such leave shall not be refused unless the High Court is satisfied:

 

a: that the proceedings are frivolous or vexations, or

 

b. that there are no reasonable grounds for contending that the person against whom the proceedings are brought acted on bad faith or without reasonable care.