QUEEN'S BENCH DIVISION
IN THE ADMINISTRATIVE COURT
B e f o r e :
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THE QUEEN On the application of S.S.G |
Claimant |
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And |
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(1) LIVERPOOL CITY COUNCIL (2) SECRETARY OF STATE FOR HEALTH |
Defendants |
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And |
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L.S. |
Interested Party |
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Liverpool City Council, Legal Services, Supported Living and Education Group, for theFirst Defendant
The Office of the Solicitor Department for Work and Pensions for the Second Defendant
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Crown Copyright ©
ORDER
(1) It is declared that the homosexual partner of a patient within the meaning of section 145 of the Mental Health Act 1983 can be treated as a "relative" within section 26(1) of the Mental Health Act 1983. Having regard to the specific statutory context and applying S-3 Human Rights Act 1998 the homosexual partner can be treated as falling within the phrase "living with the patient as the patient's husband or wife as the case may be" in S26(6) and accordingly as a relative within S26(1) MHA 1983. (2) It is declared that, having regard to the length of her cohabitation with the Claimant that Ms E.S.G is the nearest relative of the Claimant for all purposes under the Mental Health Act 1983.
(3) The First Defendant is ordered to treat Ms E.S G as the Claimant's nearest relative for all relevant purposes under the Mental Health Act 1983 and to record that she is the Claimant's nearest relative and to inform any hospital authority or other relevant body with whom it might have to deal in regard to the Claimant's condition that Ms E.S.G is the Claimant's nearest relative; by the First Defendant that it will not treat the Claimant's partner Ms E.S.G as her nearest relative within the meaning of S26 Mental Health Act 1983, be quashed.
(4) There be no order for costs save assessment of the Claimant's costs for the purposes of public funding.
STATEMENT OF REASONS
"Nearest relative"
(i) section 11 (4) requires that a social worker consult with the nearest relative before making an application that a patient be admitted for treatment in hospital within section 3 or for guardianship within section 7;(ii) section 11 (4) requires that the nearest relative must be informed of an admission for assessment under section 2;
(iii) the nearest relative can make an application for admission for assessment, for treatment or for guardianship (section 11 (1));
(iv) the nearest relative can require an approved social worker to consider making an application for admission into hospital or for guardianship (section 13 (4));
(v) the nearest relative must have decisions not to make applications for admission to hospital or guardianship discussed with her/him (Code of Practice under Mental Health Act 1983, paragraph s.31);
(vi) the nearest relative can procure the discharge of a patient from detention or guardianship (section 23 (2));
(vii) the nearest relative can obtain an assessment of the patient by a doctor (section 24);
(viii) the nearest relative must be consulted about applications for supervised discharge (section 25B(2)).
DATED this 22 day of October 2002