Court Uses Inherent Jurisdiction to Make “Rare and Exceptional” Detention Order

05-03-2015

Author: Orla Keane and Aoife Counihan



The High Court recently used its inherent jurisdiction to make an order for the transfer of a 45-year old woman in need of special therapeutic and welfare services from an approved centre to an unapproved care facility in circumstances where a lacuna in the Mental Health Act 2001 (the “2001 Act”) meant that no order could be made under the 2001 Act.

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