227:. A spokesperson for West London NHS stated they were pleased the hearing was over due to the burden it being public put on the hospital's resources, that they thought the verdict agreed that Broadmoor was the best treatment environment presently, but that they would continue to seek ways to engage Haines in treatment. Albert Haines's sister Denise, however, stated that she believed Albert could not get the kind of help he needs at Broadmoor and fears he would not come out alive.
126:. The justification for the refusal included claims that: Haines's primary intention was to air 'subjective grievances'; his evidence would not be 'objectively sensible'; he would be more difficult to control; the public would not be accurately informed; and the cost and the risk to the patient's health and conduct were disproportionate to any possible benefits.
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man he had looked to the experts for help but had been given multiple diagnoses, forced medication and incarceration. He said that trauma from his childhood abuse had not been properly recognised or reported for 25 years and that non-directive counselling had never been offered despite his asking for it ever since he could remember.
223:, Kate Luscombe of the firm Duncan Lewis, said her client had received fair public support, had been able to air his grievances, and had followed the proceedings appropriately throughout; however she said Haines was disappointed at the final judgements and questioned whether his treatment over 25 years had promoted his
347:, at least since he was returned to Broadmoor from Three Bridges in 2008 and refused to accept any treatment from them. Other psychiatrists have not concluded that he has a psychotic illness at all, while others have gone further in concluding that he has a generalised psychosis which meets the criteria for
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The decision was that Haines should not yet be released, even conditionally to a lower security facility. The reasons for the decision were published two weeks later, for the first time ever and contrary to a written representation submitted on behalf of Haines. The three-member panel headed by Judge
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The Upper
Tribunal therefore set aside the First Tier's decision, and was then at liberty to substitute its own decision. A short hearing was held for that purpose in February 2011, taking testimony from Broadmoor staff and Haines by video link. The panel concluded there was a sufficient rationale in
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ruled that the First Tier had erred in law, having not correctly identified or applied the principles it should have. In effect it had failed to uphold the fundamental principle that open justice is a right and it is the exceptions that must be justified, rather than vice versa. In addition to such a
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At his hearing, Haines disputed the diagnoses of personality disorder and psychosis, although he accepted that he had difficulties. He refused to accept the type of treatment offered by
Broadmoor even if any release or step-down in security was conditional on it. He said that as a vulnerable young
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for many years, as were his three sisters and two brothers. A mental health assessment at just five years of age described him as 'emotionally maladjusted'. He was sexually and physically abused. After leaving residential homes once an adult, Haines stayed in hostels, bedsits or on the streets. He
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which came into force in 2008. A separate political-administrative category of "Dangerous and Severe
Personality Disorder" had been introduced in the UK from the turn of the 21st century, and one of four DSPD units nationwide was at Broadmoor Hospital although it is not clear whether Haines was
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for treatment, and that he still presented a sufficient risk to others and himself. However, Broadmoor
Hospital staff were urged to find a way to better engage with Haines, even if that meant starting treatment on his own terms, and to put a clear pathway in place so that Haines could see an
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According to the tribunal, Mr Haines was also long found to have a mental illness in addition to underlying personality disorder, but in 2008 was rediagnosed as having a personality disorder only. Dr Romero-Urcelay of
Broadmoor testified that Haines does suffer from a
310:– meaning an enduring and pervasive difficulty that developed by at least adolescence/early adulthood and which especially affects social interaction. The panel noted that several psychiatric reports have concluded that Haines demonstrates features of either
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also testified. Haines himself submitted a written report and testified for 20 minutes. Evidence was also heard from an independent social worker and from Albert Haines's brother Leigh, who was offering to house and support him should he be released.
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and a small knife. There is some disagreement between media reports as to whether he threatened staff and gave himself up, or tried to attack a member of staff but was prevented. No one was physically hurt. Later that year he pleaded guilty to
294:, London, also now run by West London Mental Health NHS Trust. While there he made successful visits out of hospital and worked in catering without incident, but after a confrontation with hospital staff involving being put in
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which could cover any persistent mental disorder if it appeared to lead (in the individual case) to abnormally aggressive or irresponsible conduct; the category was abolished by amendments in the
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The legal process made extensive reference to Haines's life as a child and adult, and he was the focus of some national press coverage which included personal interviews. Born in 1959 in
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150:(Article 13 Access to justice), detained psychiatric patients have the same right as non-disabled detainees to have their case heard in public, provided they are
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The appeal hearing itself, the first ever to be open to the public and media, commenced in
September 2011 in central London and lasted for two days. Mr Haines's
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his appeal for release. The case and the legal principles it affirmed have been described as opening up the secret world of tribunals and
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Haines's case to grant an open appeal hearing, and that this was not offset by possible risks or extra costs. Broadmoor
Hospital, run by
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BBC video clips of Denise Haines, with artwork sent by her brother, and some of the professionals involved in the case
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625:- Case Number: MP/2010/19311 - Restricted Patient: Albert Laszlo Haines, Judiciary of England, October 2011.
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Decision of the Upper
Tribunal to set aside the First Tier's refusal to hold its Tribunal hearing in public
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after brandishing a fire extinguisher and climbing onto the roof, he was returned to
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Open and Shut: When a detained patient applies to the tribunal, there might have to be a public hearing
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494:. Written on 23 May 2013 by Farida Peregrino-Brimah, Trainee Solicitor with Blavo & CO's.
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Bailii legal database, AH v West London Mental Health Trust UKUT 264 (AAC) (29 July 2010).
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Patient remains detained as Mental Health
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AH v West London Mental Health Trust 17.02.11, Kennedys Law LLP, 28 March 2011
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drank alcohol and took cannabis, cocaine and amphetamines. He was convicted of
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acceptable way to progress to lower security facilities and eventual release.
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being demonstrated by his historical records. References were also made to '
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First Tier Tribunal Public Hearings Explained: The Haines Case – Analysis
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According to the tribunal, Albert Haines was long diagnosed with a
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and gradual supported pathways to lower security then release to
30:"Albert Haines" redirects here. For the American politician, see
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Family fears Broadmoor patient Albert Haines will die in custody
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Verdict of the public First-tier Mental Health Tribunal hearing
582:"Broadmoor patient "determined to get heard" in landmark case"
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Secrecy of tribunals challenged by Broadmoor patient’s hearing
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secure units, and as having substantial ramifications for
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Mental health tribunal publishes first-ever panel ruling
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Broadmoor patient fighting for right to tell his story
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Mental Health Practice, Colin Parish, November 2011 (
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Convention on the Rights of Persons with Disabilities
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in 2011 when Albert Laszlo Haines (AH), a patient in
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Open justice - the future of mental health tribunals
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In 1992 Haines was transferred to the medium secure
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Article 6 of the European Convention on Human Rights
563:The Independent, Jerome Taylor, 23 September 2011
469:A Clinician's Brief Guide to the Mental Health Act
655:Mental health legal history of the United Kingdom
417:The Independent, Jerome Taylor, 26 October 2011
415:Broadmoor patient Albert Haines loses appeal bid
260:. He was in and out of psychiatric hospitals.
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506:Local Government Lawyer, 26 October 2011
85:had been continuous since 1986, mainly at
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207:Mr Haines was still considered to have a
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170:since 2001, had fought the decision.
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263:In May 1986 while a patient of the
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475:Publications. Mr H case Pgs 86/87.
318:. They also referred to childhood
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619:UKUT 74 (AAC) (17 February 2011).
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239:, London, Albert Haines suffered
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247:from a young age. He was put in
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455:Sallie Harrington, Associate,
27:Landmark court case in England
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