Lee v Doncaster & South Humber Healthcare NHS Trust & Anor

Habeas corpus is inappropriate where the applicant is not detained. A person who is not subject to detention cannot obtain that remedy merely by challenging historic involvement with mental-health services. The possible availability of judicial review does not make habeas corpus an appropriate procedure. An appeal against refusal of habeas corpus may be dismissed where the papers disclose no basis for the remedy.

The appellant appealed from an order of Stanley Burnton J in the Queen’s Bench Division, Administrative Court, dated 10 July 2002. The judge had refused an application for a writ of habeas corpus and dismissed it on the basis that habeas corpus was inappropriate.

The appellant also challenged a Master’s refusal to expedite the appeal. He had previously been admitted to hospital in North Wales under section 2 of the Mental Health Act 1983, but had been unconditionally discharged and had received no subsequent treatment. He was not detained when the application was made or heard. The central issue was whether habeas corpus was an appropriate form of relief.

1. Appeal dismissed. The Court of Appeal heard the substantive appeal despite the appellant’s absence. Because the liberty of the subject is at the centre of habeas corpus proceedings, the appellant had a right of appeal.
2. Habeas corpus was inappropriate because the appellant was not detained. The papers disclosed no basis on which the remedy could properly be granted. His previous admission under section 2 of the Mental Health Act 1983, followed by unconditional discharge, did not establish present detention or justify habeas corpus.
3. The observation that judicial review might be pursued did not convert the application into a proper habeas corpus claim. Any such proceedings were a matter for the appellant.
4. Since the substantive appeal was heard, no order was required on the appeal against the Master’s refusal to expedite it. The respondents’ costs were ordered to be assessed.

• Court of Appeal (Civil Division): Substantive appeal dismissed. No order was made on the appeal against the Master’s refusal to expedite the appeal. Costs ordered to be assessed.
• Queen’s Bench Division, Administrative Court: Stanley Burnton J refused the writ of habeas corpus and dismissed the application on 10 July 2002.