PH v A Clinical Commissioning Group & Anor (Dismissal of proceedings) [2022] EWCOP 12

Application by mother of PH, under s16 MCA 2005, for orders concerning her son's future deprivation of liberty following his discharge from detention under MHA 1983.

PH is about a young man with a diagnosis of Autistic Spectrum Disorder, moderate learning disability and Tourette syndrome, who has been detained under the MHA almost since he became an adult. He is subject to restrictions on his liberty beyond those detained patients usually experience. There was common consensus that his needs would be better served outside of hospital and there was no dispute that PH lacks capacity to make decisions about residence, care and treatment, and to conduct this litigation.

In this judgment, HHJ Burrows has to consider whether the proceedings are necessary and should continue. He decides they should not largely because PH’s discharge is not imminent and oversight of the statutory bodies through periodic assessments and reports is a very costly and inefficient way of proceeding for both the courts and the authorities.

Read the judgment on Bailii