Section 2, 26 Mental Health Act 1983 and Rabone and Another V Pennine Care NHS Foundation Trust Paragraph 46 Supreme Court Judgment

The request was partially successful.

Ismail Abdulhai Bhamjee

Dear North East London NHS Foundation Trust,

I, Ismail Abdulhai Bhamjee of Dagenham London do hereby make a request that:-

1. How many Persons have been sanctioned and Detained at your Goodmayes Mental Hospital during the past Six Months.

2. You do have the decision given in the Supreme Court of the United Kingdom Rabone and Another Versus Pennine Care NHS Trust (Respondent)
http://www.bailii.org/uk/cases/UKSC/2012...
the Judgment had been given on the 8th February 2012.

Paragraph 46 of the Judgment.

3. Do you give Permission to a Brother to take his Sister out of the Hospital and Return her back to the Hospital for more than four Hours

4. You are aware that there is a Judgment given in the Court of Appeal before than Lady Justice Butter Sloss that a person can refuse to accept Treatment.

5. Provide a list of the Judgments made against the Goodmayes Mental Hospital and award of Damages.

6. You are aware of Section 6 of the Prosecution of Offences Act 1985 that any Person does have the Legal Right to take Private Criminal Prosecutions, whilst there is a Legal Right to request for Information outside the Freedom of Information Act 2000 as a request can be made under the Senior Courts Act 1981.

7. You do have Kahlo Ward, where you should provide the name of the Doctors who have sanctioned my Sister Mariam, as Paragraph 46 of the Judgment in the Supreme Court of the United Kingdom does apply.

8. How many persons have been sanctioned for non-payment of Rent during the past 12 Months.

Yours faithfully,

Ismail Abdulhai Bhamjee

Ismail Abdulhai Bhamjee

Dear North East London NHS Foundation Trust,

I, Ismail Bhamjee refer to my request made to your Office, I have not received an acknowledgment with the reference number for the request made to your Office. Could you kindly forward this request to the Chief Executive as when a person who goes on leave or Holiday than there should be another person who does normally take over from the person who is on leave or Holiday.

I thank you in advance and wait to hear from you as this matter is also Urgent.

Yours faithfully,

Ismail Abdulhai Bhamjee

Information Governance, North East London NHS Foundation Trust

Dear Mr Bhamjee

Thank you for your Freedom of Information request.

We are processing your request under the Act and aim to respond to you within 20 working days. Should there be any delay we will let you know as soon as possible.

Kind regards

Jaina Jethwa
Information Governance, Data Protection & FOI Manager
NELFT
Goodmayes Hospital
Information Governance Team
Barley Lane
Ilford. Essex. IG3 8XJ

Internal Dial: 64425
External Dial: 0300 555 1201 Ext: 64425
Fax: 0844 931 0105

Jethwa Jaina, North East London NHS Foundation Trust

Dear Mr Bhamjee

Thank you for your request.

Please find below our response:

1. How many Persons have been sanctioned and Detained at your Goodmayes Mental Hospital during the past Six Months.

For the period April 2017 to end August 2017 there were 1040 separate detentions under the Mental Health Act
Note that is sections not persons i.e. one person may have been placed on a section more than once
It includes sections made prior to hospital admission and those made after a patient was admitted informally

2. You do have the decision given in the Supreme Court of the United Kingdom Rabone and Another Versus Pennine Care NHS Trust (Respondent)
http://www.bailii.org/uk/cases/UKSC/2012...
the Judgment had been given on the 8th February 2012.

Paragraph 46 of the Judgment.

This is not a request to provide information held by NELFT under Freedom Of Information Act 2000. However, this information is in the public domain and the trust is familiar with the Judgement as far as it is applicable to the service it provides.

3. Do you give Permission to a Brother to take his Sister out of the Hospital and Return her back to the Hospital for more than four Hours

If a patient is in hospital informally i.e. with their consent they can go out as they please and that might be with a relative If a patient is detained under the Mental Health Act they can only leave the hospital if they are authorised to have leave under Section 17.This means a decision has been made by their responsible doctor. In this case, sometimes leave may be granted for a period of four hours and on condition that the patient is accompanied by a relative who will bring them back at the due time.

4. You are aware that there is a Judgment given in the Court of Appeal before than Lady Justice Butter Sloss that a person can refuse to accept Treatment.

This is not a request to provide information held by NELFT under Freedom Of Information Act 2000. However, this information is in the public domain and the trust is familiar with the Judgement as far as it is applicable to the service it provides.

5. Provide a list of the Judgments made against the Goodmayes Mental Hospital and award of Damages.

So that we can assist you, we would be grateful if you could clarify what Court Judgements and award of Damages (i.e. in relation to what court proceedings?) you are referring to.

6. You are aware of Section 6 of the Prosecution of Offences Act 1985 that any Person does have the Legal Right to take Private Criminal Prosecutions, whilst there is a Legal Right to request for Information outside the Freedom of Information Act 2000 as a request can be made under the Senior Courts Act 1981.

This is not a request to provide information under Freedom Of Information Act 2000. However, Prosecution of Offences Act 1985, is available in the public domain and the trust is familiar with the relevant legislation which is applicable to the service provided by the trust.

7. You do have Kahlo Ward, where you should provide the name of the Doctors who have sanctioned my Sister Mariam, as Paragraph 46 of the Judgment in the Supreme Court of the United Kingdom does apply.

Please kindly clarify what information you are seeking from NELFT under FOI Act 2000 in relation to Paragraph 46 of the Judgement in Rabone v Pennine Care NHS Foundation Trust [2012] UKSC 2, [2012] MHLO 6.

Please note that the names of the staff employed at NELFT constitute personal information and therefore are exempt from the disclosure (Section 40, Freedom of Information Act 2000)

8. How many persons have been sanctioned for non-payment of Rent during the past 12 Months.

To be sectioned under the Mental Health Act strict criteria have to be met as determined by two doctors and ( usually a social worker). Non payment of rent would not constitute grounds for sectioning anyone.

Kind regards

Jaina Jethwa
Information Governance, Data Protection & FOI Manager
NELFT
Goodmayes Hospital
Information Governance Team
Barley Lane
Ilford. Essex. IG3 8XJ

Internal Dial: 64425
External Dial: 0300 555 1201 Ext: 64425
Fax: 0844 931 0105

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