Key mental health cases explained in plain English.
10 cases
[1968] 1 WLR 620
This early case sets the principle that a tribunal can release a detained patient if the legal grounds for keeping them in hospital are no longer met.
[1996] QB 749
Established that a tribunal can delay making a discharge decision until conditions such as care arrangements are in place.
[1999] EWCA Civ 1398
If the tribunal refuses to discharge you, it must explain why in writing.
[2001] EWCA Civ 1410
A conditional discharge can be granted at the hearing date rather than waiting longer.
[2001] EWCA Civ 415
Tribunals must hear your case within a reasonable time — long delays can breach your right to challenge detention quickly.
[2002] EWCA Civ 1774
Patients generally should have an in-person tribunal hearing where they can answer questions directly.
[2003] EWHC 1825 (Admin)
Patients have the right to be represented, including legally, at the hearing.
[2004] EWCA Civ 618
The hospital normally carries the burden of showing detention criteria are met. Legally, you do not have to prove you should be discharged.
[2008] EWCA Civ 118
Aftercare under Section 117 is a statutory right and cannot be withdrawn without proper arrangements.
[2021] UKSC 30
Tribunals must run proceedings fairly so that patients can put their case properly.
