Does anyone have an update in relation to the ongoing Judicial Review by transferred prisoners who are no longer entitled to any welfare payments and paid pocket money under s122?
Afraid not, but I’d be interested to hear the outcome, if anyone does know.
Thanks for reminding me about this case! I found the ECtHR’s decision tonight and have added it to the website here: SS v UK 40356/10 54466/10  ECHR 520. My current summary is:
Patients subject to s47/49 and s45A argued that denying them the social security benefits that are paid to other detained patients was contrary to Article 14, taken with Article 1 of Protocol No 1. The ECtHR rejected the applications as being manifestly unfounded.
I’ve also updated the Welfare benefits page with this introductory paragraph:
Most psychiatric patients, including those subject to a hospital order, are entitled to receive welfare benefits. But patients who, were it not for their illness, would be serving a term of imprisonment, do not receive any welfare benefits: domestic and ECtHR challenges to this situation by s47/49 and s45A patients have been unsuccessful, the final judgment being SS v UK 40356/10 54466/10  ECHR 520. Patients not entitled to welfare benefits may be paid “pocket money” under MHA 1983 s122 (in Wales) or the National Health Service Act 2006 (in England): see R (Mitocariu) v Central and North West London NHS Foundation Trust  EWHC 126 (Admin).