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?
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Afraid not, but I’d be interested to hear the outcome, if anyone does know.
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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 [2015] 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 [2015] 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 [2018] EWHC 126 (Admin).