# Private hospital detaining and charging

**URL:** <https://forum.mentalhealthlaw.co.uk/t/private-hospital-detaining-and-charging/2479>\
**Category:** Law and practice\
**Created:** [29 May 2024 13:52 UTC](https://forum.mentalhealthlaw.co.uk/t/private-hospital-detaining-and-charging/2479 "2024-05-29T13:52:42Z")\
**Posts on this page:** 5\
**Page:** 1

<div class="post-metadata">

**Author:** ![Karen](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/k/7feea3/32.png) [@Karen](https://forum.mentalhealthlaw.co.uk/u/Karen)\
**Post date:** [29 May 2024 13:52 UTC](https://forum.mentalhealthlaw.co.uk/t/private-hospital-detaining-and-charging/2479/1 "2024-05-29T13:52:43Z")

</div>

There was some case law about this a few years back but I cannot find it.

I am fairly sure the case involved a private hospital detaining someone who had gone in for a consultation and then charging them and I am sure it was held to be unlawful.  
If someone goes into a private hospital voluntarily and is then detained surely there should be a mechanism by which the NHS take over the funding. It seems counterintuitive that you can be detained and charged for the period of detention.

Any views?

---

<div class="post-metadata">

**Author:** ![SteveC](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/s/ecb155/32.png) [@SteveC](https://forum.mentalhealthlaw.co.uk/u/SteveC)\
**Post date:** [29 May 2024 14:10 UTC](https://forum.mentalhealthlaw.co.uk/t/private-hospital-detaining-and-charging/2479/2 "2024-05-29T14:10:06Z")

</div>

Is it this case?

> **[PB v Priory Group Ltd \[2018\] MHLO 74 - Mental Health Law Online](https://www.mentalhealthlaw.co.uk/PB_v_Priory_Group_Ltd_(2018)_MHLO_74)**
>
> A Part 36 offer of £11,500 plus legal costs was accepted in this claim brought for unlawful detention and breach of Article 5. The patient had been d...

Although it seems the main issue was the fact that the hospital detained the patient on s5(2) despite her only attending for an outpatient appointment.

---

<div class="post-metadata">

**Author:** ![Karen](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/k/7feea3/32.png) [@Karen](https://forum.mentalhealthlaw.co.uk/u/Karen)\
**Post date:** [29 May 2024 14:33 UTC](https://forum.mentalhealthlaw.co.uk/t/private-hospital-detaining-and-charging/2479/3 "2024-05-29T14:33:14Z")

</div>

Thank you. Yes that is the one.  
It seems extraordinary that the only issue here was the unlawful 5(2)  
Does anyone know if this happens often?

---

<div class="post-metadata">

**Author:** ![carole](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/c/54ee81/32.png) [@carole](https://forum.mentalhealthlaw.co.uk/u/carole)\
**Post date:** [30 May 2024 07:02 UTC](https://forum.mentalhealthlaw.co.uk/t/private-hospital-detaining-and-charging/2479/4 "2024-05-30T07:02:40Z")

</div>

Hi

I had a case in Scotland where my client was charged for her private care after she was sectioned . I took it to the Scottish Ombudsman and we received a full refund from Feb – August on her fees.

---

<div class="post-metadata">

**Author:** ![Karen](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/k/7feea3/32.png) [@Karen](https://forum.mentalhealthlaw.co.uk/u/Karen)\
**Post date:** [30 May 2024 09:00 UTC](https://forum.mentalhealthlaw.co.uk/t/private-hospital-detaining-and-charging/2479/5 "2024-05-30T09:00:57Z")

</div>

Thank you Carole-that is very helpful.