Neil Garnham QC and Sydney Chawatama were instructed by Capsticks to defend East London NHS Foundation Trust in this important case touching upon the right to freedom (TTM v London Borough of Hackney & Ors [2011] EWCA Civ 4).

The Court of Appeal gave judgment in the Appellant’s appeal against the order of Collins J dismissing his claim for judicial review following his detention in hospital under s 3 of the Mental Health Act 1983 (TTM v London Borough of Hackney & Ors [2010] EWHC 1349 (Admin) 11 June 2010). In an earlier habeas corpus application, Burton J had held that the Appellant’s detention was unlawful because of a breach of s11 (4) of the Act. Collins J then held that until that decision by Burton J, the Appellant’s detention was lawful and did not breach Article 5.

The Court of Appeal held that the hospital managers detained the Appellant in lawful exercise of their power under s 6(3) but that he was wrongfully deprived of his liberty by the unlawful conduct of the social worker who had made the application for admission. The Appellant was unlawfully detained, both as a matter of domestic law and within Article 5.

Lord Justice Toulson, giving the judgment of the court, said:

” There may be false imprisonment by A, although it was B who took the person into custody and B acted lawfully, provided that A directly caused B’s act and that A’s act was done without lawful justification”.

The appeal against the local authority was allowed but dismissed as against the Trust.

Click here for full judgment.

Click here for a full summary and comment on the judgment posted by Maria Roche on the UK Human Rights Blog.