Case details

Welsh Ministers (Respondent) v PJ (Appellant)

Case ID: UKSC 2018/0037

Case summary

Issue(s)
  1. Whether a statutory power to impose conditions amounting to a deprivation of liberty can ever lawfully be "implied";
  2. Whether the framework for Community Treatment Orders provides practical and effective protection for patients’ rights under the European Convention on Human (ECHR) Rights;
  3. What is the scope of a tribunal’s power to take into account ECHR rights.
Facts

The appellant, PJ, is a man with a mild learning disability, an autistic spectrum disorder and significant behavioural impairment. He has capacity to make decisions about restriction of his liberty. He was detained in a hospital between 1999 and 2007 following a conviction for actual bodily harm and threats to kill, and was detained again in 2009. He has spent almost all of his adult life detained in hospital. PJ was made the subject of a Community Treatment Order made by his responsible clinician in September 2011. The order discharged him from hospital into the care of a residential specialist facility. It had the effect of significantly restricting his liberty by providing for near continuous supervision and very limited unescorted leave from his residential placement. The reasoning of the responsible clinician was that PJ required treatment for his safety and the protection of others. PJ applied for discharge of the order.

Judgment appealed

[2017] EWCA Civ 194

Parties

Appellant(s)

PJ

Respondent(s)

Welsh Ministers

Appeal

Justices

Lady Hale, Lord Kerr, Lord Wilson, Lady Black, Lord Lloyd-Jones

Hearing start date

22 Oct 2018

Hearing finish date

22 Oct 2018

Watch hearing
22 Oct 2018 Morning session Afternoon session