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AH v West London Mental Health Trust

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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. 355:
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 507: 198:
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 194:
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 564: 391: 330:
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
418: 147: 280: 139: 560: 622: 399: 388: 59: 452: 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 178:
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
487: 659: 311: 669: 283:. Rather than being sentenced to prison, he was sent to Broadmoor high-security psychiatric hospital for treatment under the Mental Health Act. 437: 183: 414: 66:
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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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 Broadmoor in 2008.
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Open and Shut: When a detained patient applies to the tribunal, there might have to be a public hearing
307: 55: 433: 364: 123: 86: 78:, though how frequently patients will be willing or able to exercise the right is not yet clear. 51: 264: 257: 494:. Written on 23 May 2013 by Farida Peregrino-Brimah, Trainee Solicitor with Blavo & CO's. 319: 248: 200: 191: 155: 31: 628: 609:
Bailii legal database, AH v West London Mental Health Trust UKUT 264 (AAC) (29 July 2010).
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to be fully open to the public was first made in 2009 but was turned down twice by the
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Patient remains detained as Mental Health Tribunal publishes ruling for the first time
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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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Decision of the Upper Tribunal to grant a public First Tier Tribunal hearing
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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
182:, Dr Jose Romero-Urcelay, was cross-examined for one day. Haines's ward 277: 272: 240: 43: 615:
Bailii legal database, AH v West London Mental Health Trust & the
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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 542:
Family fears Broadmoor patient Albert Haines will die in custody
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Verdict of the public First-tier Mental Health Tribunal hearing
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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. 8: 506:Local Government Lawyer, 26 October 2011 85:had been continuous since 1986, mainly at 312:emotionally unstable personality disorder 207:Mr Haines was still considered to have a 381: 170:since 2001, had fought the decision. 39:AH vs West London Mental Health Trust 7: 326:disorder', a legal category in the 269:South London and Maudsley NHS Trust 263:In May 1986 while a patient of the 168:West London Mental Health NHS Trust 91:West London Mental Health NHS Trust 660:United Kingdom disability case law 475:Publications. Mr H case Pgs 86/87. 318:. They also referred to childhood 81:The detention of Haines under the 25: 619:UKUT 74 (AAC) (17 February 2011). 258:possession of an offensive weapon 239:, London, Albert Haines suffered 211:of a nature or degree to justify 580:Adam James (23 September 2011). 525:PA Media Lawyer 27 October 2011 335:considered under this category. 247:from a young age. He was put in 103:community mental health services 670:2011 in United Kingdom case law 316:antisocial personality disorder 455:Sallie Harrington, Associate, 27:Landmark court case in England 1: 60:mental health review tribunal 271:, Haines went in carrying a 46:, which established a legal 203:, concluded that under the 190:and hospital 'independent' 158:for their right to patient 72:mental health professionals 686: 544:BBC News, 26 October 2011 99:psychiatric rehabilitation 29: 529:27 September 2013 at the 510:27 September 2013 at the 440:27 September 2013 at the 118:Haines's request for his 645:Psychiatry controversies 567:30 December 2011 at the 421:30 December 2011 at the 349:schizoaffective disorder 256:in 1979 and in 1980 for 180:consultant psychiatrist 174:Engaging in the hearing 68:National Health Service 42:was a landmark case in 665:Mental health case law 459:solicitors, March 2011 370:Campaign for John Hunt 343:illness with specific 332:Mental Health Act 2007 328:Mental Health Act 1983 120:mental health tribunal 345:persecutory delusions 213:detention in hospital 146:), reinforced by the 144:Right to a fair trial 548:3 March 2014 at the 490:2 April 2015 at the 394:31 July 2013 at the 308:personality disorder 56:psychiatric hospital 18:Albert Laszlo Haines 471:(2012) Zigmond, T. 365:Forensic psychiatry 302:Psychiatric context 231:Personal background 124:First-tier Tribunal 288:Three Bridges Unit 199:McGregor-Johnson, 87:Broadmoor Hospital 54:, a high security 52:Broadmoor Hospital 265:Maudsley Hospital 205:Mental Health Act 201:Honorary Recorder 114:Gaining the right 83:Mental Health Act 16:(Redirected from 677: 594: 593: 591: 589: 577: 571: 558: 552: 539: 533: 520: 514: 501: 495: 482: 476: 466: 460: 450: 444: 431: 425: 412: 403: 386: 320:conduct disorder 249:residential care 192:patient advocate 156:informed consent 152:mentally capable 32:Albert R. Haines 21: 685: 684: 680: 679: 678: 676: 675: 674: 650:Anti-psychiatry 635: 634: 631:26 October 2011 603: 598: 597: 587: 585: 579: 578: 574: 569:Wayback Machine 559: 555: 550:Wayback Machine 540: 536: 531:Wayback Machine 521: 517: 512:Wayback Machine 502: 498: 492:Wayback Machine 483: 479: 467: 463: 451: 447: 442:Wayback Machine 432: 428: 423:Wayback Machine 413: 406: 396:Wayback Machine 387: 383: 378: 361: 304: 254:criminal damage 233: 209:mental disorder 176: 160:confidentiality 116: 111: 35: 28: 23: 22: 15: 12: 11: 5: 683: 681: 673: 672: 667: 662: 657: 652: 647: 637: 636: 633: 632: 626: 620: 610: 602: 601:External links 599: 596: 595: 572: 553: 534: 515: 496: 477: 461: 445: 426: 404: 380: 379: 377: 374: 373: 372: 367: 360: 357: 303: 300: 232: 229: 225:rehabilitation 184:clinical nurse 175: 172: 162:to be waived. 131:Upper Tribunal 115: 112: 110: 107: 26: 24: 14: 13: 10: 9: 6: 4: 3: 2: 682: 671: 668: 666: 663: 661: 658: 656: 653: 651: 648: 646: 643: 642: 640: 630: 627: 624: 621: 618: 614: 611: 608: 605: 604: 600: 584:. PsychMinded 583: 576: 573: 570: 566: 562: 557: 554: 551: 547: 543: 538: 535: 532: 528: 524: 519: 516: 513: 509: 505: 500: 497: 493: 489: 486: 481: 478: 474: 470: 465: 462: 458: 454: 449: 446: 443: 439: 435: 430: 427: 424: 420: 416: 411: 409: 405: 401: 397: 393: 390: 385: 382: 375: 371: 368: 366: 363: 362: 358: 356: 352: 350: 346: 342: 336: 333: 329: 325: 321: 317: 313: 309: 301: 299: 297: 293: 289: 284: 282: 279: 274: 270: 266: 261: 259: 255: 250: 246: 242: 238: 230: 228: 226: 222: 217: 214: 210: 206: 202: 196: 193: 189: 188:social worker 185: 181: 173: 171: 169: 163: 161: 157: 153: 149: 145: 141: 137: 134:principle in 132: 127: 125: 121: 113: 109:Legal process 108: 106: 104: 100: 97:work towards 96: 95:collaborative 92: 88: 84: 79: 77: 73: 69: 65: 61: 57: 53: 49: 45: 41: 40: 33: 19: 586:. Retrieved 575: 556: 537: 518: 499: 480: 464: 448: 429: 384: 353: 337: 324:psychopathic 305: 285: 262: 234: 218: 197: 177: 164: 129:In 2010 the 128: 117: 80: 38: 37: 36: 237:Hammersmith 639:Categories 457:Weightmans 376:References 154:of giving 136:common law 76:solicitors 400:Full Text 341:psychotic 296:seclusion 278:attempted 221:solicitor 219:Haines's 186:manager, 48:precedent 565:Archived 546:Archived 527:Archived 508:Archived 488:Archived 438:Archived 419:Archived 392:Archived 359:See also 281:wounding 138:, under 617:SoS (J) 473:RCPsych 314:and/or 273:machete 267:run by 241:neglect 89:run by 44:England 588:28 May 292:Ealing 245:abuse 590:2014 243:and 74:and 64:hear 402:) 290:in 62:to 641:: 407:^ 351:. 105:. 592:. 142:( 34:. 20:)

Index

Albert Laszlo Haines
Albert R. Haines
England
precedent
Broadmoor Hospital
psychiatric hospital
mental health review tribunal
hear
National Health Service
mental health professionals
solicitors
Mental Health Act
Broadmoor Hospital
West London Mental Health NHS Trust
collaborative
psychiatric rehabilitation
community mental health services
mental health tribunal
First-tier Tribunal
Upper Tribunal
common law
Article 6 of the European Convention on Human Rights
Right to a fair trial
Convention on the Rights of Persons with Disabilities
mentally capable
informed consent
confidentiality
West London Mental Health NHS Trust
consultant psychiatrist
clinical nurse

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