O'Sullivan, Re Application for Judicial Review

����������� On 20 November 2000, after the institution of the judicial review proceedings, the applicant's solicitors confirmed by letter that, having inspected the applicant's medical records, they accepted that she required special accommodation due to her violent and dangerous propensities.

Subsection (2) of Article 81 provides that where such a person is transferred, upon admission to a hospital in Scotland, the patient shall be treated as if on the date of admission the patient was admitted in pursuance of an order or direction given under the corresponding enactment in force in Scotland.

����������� The Department authorised the transfer of the applicant to Carstairs State Hospital in accordance with the Act of 1984 and the Order of 1986 on 4 April 2000.� In accordance with the requirements of Article 134(6) of the 1986 Order notification of the proposed transfer was given to John O'Sullivan, the nearest relative of the applicant, and the Mental Health Commission on 4 April 2000.�

����������� John O'Sullivan as the father of the applicant, fell within the definition of "nearest relative" afforded by Article 32 of the 1986 Order a person who enjoys a number of powers and rights of consultation under the 1986 Order.�

����������� The Mental Health Review Tribunal was constituted in accordance with Article�70 and Schedule 3 of the 1986 Order.� The constitution of the Tribunal with its current powers follows from the decision in X v United Kingdom [1981] 4 EHRR 181.�