While a hospital acts lawfully by detaining a patient on the basis of an application that appears valid, if the application is not valid, the detention is still unlawful and action lies against the AMHPcontinued:s139

Facts: in good faith, but incorrectly, the AMHP applied for TTM’s detention under section 3 of the MHA 1983, on the basis that the nearest relative did not object.

Judgment: the Court of Appeal (Toulson and Jackson LJJ) held that the hospital managers had acted lawfully, by virtue of section 6(3) of the Mental Health Act 1983, because the application for admission appeared valid on its face but that did not mean that the AMHP’s unlawful application was cured. TTM was entitled at common law and under Article 5 ECHR to damages and if necessary section 139 of the MHA 1983 (requirement to obtain leave) would have to be read down to achieve that result.