MS -v- Lewisham and Greenwich NHS Trust (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim number: AC-2024-LON-002496

In the High Court of Justice
King’s Bench Division
Administrative Court

23 July 2024

Before:

The Honourable Mr Justice Sheldon

Between:

The King on the application of
MS

-v-

Lewisham and Greenwich NHS Trust

Order

On an application by the Claimant for release from unlawful detention.

Following consideration of the documents lodged by the Claimant

ORDER by the Honourable Mr Justice Sheldon

  1. The Defendant shall file and serve a response to this application within seven days hereof. That response shall include the basis for the Claimant’s ongoing detention, and any representations as to the appropriate Court or tribunal for considering the underlying assertion that the Claimant is being falsely imprisoned.
  2. On receipt of the Defendant’s response (as per paragraph 1 above), this matter shall be considered by a Judge as soon as reasonably practicable on the papers for further directions and/or determination.
  3. The application for the anonymity for the Claimant is granted and there shall be substituted for all purposes in this claim, in place of reference to the Claimant, by name, and whether orally or in writing, referenced to the letters “MS”.
  4. The Court file is to be retained by the Court and marked “Anonymized”. Pursuant to CPR 5.4C, a person who is not a party to these proceedings may obtain a copy of the pleadings, a Judgment or Order from the court records only if the pleadings, Judgment or Order has been anonymized such that the Claimant is referred to as “MS” and
    any address has been removed.
  5. There shall be no reporting of the Claimant’s name in connection with these proceedings. Any reporting should identify the Claimant as MS.
  6. Costs reserved.

Reasons

  1. The Claimant makes an urgent application for, among other things, to be freed from unlawful detention immediately. It would appear that he is currently detained by the South London and Maudsley NHS Foundation Trust. It would appear that the initial detention of the Claimant on 17 May 2024 was under section 2 of the Mental Health Act 1983. It is not clear upon what basis the Claimant remains detained, assuming that he is in fact still detained.
  2. If the Claimant is being detained unlawfully, this is a matter that needs to be addressed by the Courts as soon as reasonably practicable. On the basis of the materials available to me, I cannot form any view on that matter. I am also unable to determine which is the proper forum for consideration of this matter: whether the High Court or the Mental Health Tribunal.
  3. So that proper consideration can be given to this matter, and expeditiously if the Claimant is unlawfully detained, the Defendant is directed to provide a response within seven days. That response should be sufficiently comprehensive to enable a Judge to make further directions and/or determine the application for urgent interim relief.
  4. The Claimant has asked for anonymity. Given that the materials that I have seen indicate a diagnosis of paranoid schizophrenia, and the ongoing materials are likely to contain material of a very private matter to the Claimant, it is only appropriate that anonymity is granted.