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Black v Forsey; HL 20 May 1988

References: 1988 SC (HL) 28
The common law was called in aid to supplement the statutory power of compulsory detention to fill a lacuna which had appeared in the 1984 Act.
Held: The common law could not be invoked for that purpose, because the powers of detention conferred upon hospital authorities under the 1984 Act were intended to be exhaustive. The plaintiff mental patient, who had originally been detained under section 26 had then been unlawfully detained when on the expiry of that admission order, the hospital purported to detain him under a further section 26 order notwithstanding that the Act specifically prohibited successive periods of detention under section 26.
Statutes: Mental Health (Scotland) Act 1984
This case is cited by:

  • Cited – Regina v Bournewood Community and Mental Health NHS Trust, Ex parte L CA ([1998] 2 WLR 764)
    The applicant was severely autistic, and unable to consent to medical treatment. He had been admitted voluntarly to a mental hospital and detained under common law powers. The Hospital trust appealed a finding that his detention had been unlawful. . .
  • Distinguished – In Re L (By His Next Friend GE); Regina v Bournewood Community and Mental Health NHS Trust, Ex Parte L HL (Gazette 22-Jul-98, Times 30-Jun-98, House of Lords, Bailii, [1998] UKHL 24, [1998] Fam Law 592, [1999] AC 458, [1998] 3 All ER 289, [1998] 3 WLR 107, [1998] 2 FLR 550, [1998] 2 FCR 501)
    The applicant was an adult autistic, unable to consent to medical treatment. Treatment was provided at a day centre. He had been detained informally under the Act and against the wishes of his carers, but the Court of Appeal decided he should have . .
  • Cited – L v Bournewood Community and Mental Health NHS Trust Admn (Gazette 08-Jan-98, Times 08-Dec-97, Bailii, [1997] EWHC Admin 850, [1998] 2 WLR 764)
    L was adult autistic. He had been admitted to mental hospital for fear of his self-harming behaviours, and detained informally. He complained that that detention was unlawful.
    Held: The continued detention of a mental health patient who is . .

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