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


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.

Download PDF