19.105Rayner and Marsh v Secretary of State for the Home Department [2007] EWHC 1028 (Admin), (2007) 10 CCLR 464
Recalled conditionally discharged patients were entitled to an immediate referral of their case to the tribunal
Facts: the claimants were conditionally discharged patients recalled to hospital by the Secretary of State and they complained about delays in having their cases reviewed by the MHRT.
Judgment: Holman J held that the system was compatible with Article 5 ECHR in that section 75 of the MHA 1983 required an immediate referral (unless the circumstances positively required otherwise). In cases where there had been unjustified delay, that would be unlawful and damages could be awarded.