Generate a structured brief — facts, issues, held, reasoning, and significance — for this case in seconds. Or browse the verbatim judgment via the source links below.
Not only does Daniel have to deal with being on the autistic spectrum and having severe learning difficulties, but he also has associated behaviours which put him and others in danger. In order to keep Daniel safe he needs to be constantly supervised and Y Home has physical restrictions to prevent him leaving the premises and indeed, from moving freely around in the premises.
"Any order authorising detention must contain provision for an adequate review at reasonable intervals, in particular with a view to ascertaining whether there still persists unsoundness of mind of a kind or degree warranting compulsory confinement" and in the case of Re BJ he said: "Regular reviews by the court are not merely desirable, not merely a matter of good practice; they go, as both the Strasbourg jurisprudence and the domestic case-law make clear, to the very legality of what is being done."
"As the power to initiate detention is derived from the powers of the court, only the court can have the power to review that detention. It is not a power that can be delegated to a Local Authority ."
Auto-extracted from BAILII. Full structured brief in progress — the source links below give you the verbatim judgment in the meantime.
Multiple official and mirror sources — pick whichever loads cleanly on your network.
Common Room
0 comments · About the Common Room →
No comments yet — start the discussion.
Voted-best comments help future students and feed Caselaw's AI study tools.