Proceedings issued without leave, where required under section 139 of the MHA 1983, were a nullitycontinued:s136continued:s139

Facts: S brought proceedings against the South Wales police, in relation to action taken by them under section 136 of the MHA 1983. The police responded that the proceedings were a nullity, in that Mr Seal had not obtained leave under section 139 of the MHA 1983 (section 139 provides that, inter alia, no one shall be liable for anything purportedly done under MHA 1983 unless the act was in in bad faith or without reasonable care and that no patient may bring civil proceedings in respect of any such act without the leave of the High Court).

Judgment: the House of Lords (Lords Bingham, Browne-Wilkinson and Carswell; Lord Woolf and Baroness Hale dissenting) held that section 139 of the MHA 1983 had not been intended to be merely procedural, but to confer a substantial protection such as to invalidate proceedings brought without leave. The purpose of section 139 was to provide reassurance and protection to mental health professionals and it was compatible with Article 6 ECHR.

Comment: Mr Seal’s complaint was rejected by the European Court of Human rights.1Seal v United Kingdom (2012) 54 EHRR 6, [2011] MHLR 1.