Abstract

<p>R (on the application of E) v Bristol City Council</p><p>Queen’s Bench Division (Adminstrative Court) Bennett J., 13 January 2005</p><p>EWHC (Admin) 74</p>

Highlights

  • This case involved further consideration of the difficulties created by provisions in the Mental Health Act 1983 (‘the Act’) relating to the nearest relative

  • Details of the relationship were not given in open court, in the Judge’s words, they ‘did not get on’

  • It remains a matter of considerable regret that the Government has failed to act on its undertaking in JT and in response to the declaration of incompatibility in Re M

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Summary

Introduction

This case involved further consideration of the difficulties created by provisions in the Mental Health Act 1983 (‘the Act’) relating to the nearest relative. In particular the court was asked to consider the definition of ‘practicability’ in the context of section 11 of the Act and paragraph 2.16 of the Code of Practice (‘the Code’)

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