Tinsley v Manchester City Council and Others

Tinsley v Manchester City Council and Others [2016] EWCH 2855 (Admin)

Hugh Jones as deputy for Mr Tinsley and team members Elizabeth Hughes and Tom Young brought a successful claim for judicial review against Manchester City Council (‘MCC’) in respect of their refusal to provide aftercare services in accordance with s117 of the Mental Health Act 1983, following Mr Tinsley's discharge from detention under section. The issue was whether or not it is lawful for MCC to refuse to provide aftercare services on the basis that Mr Tinsley can fund this himself from personal injury damages. In its judgment the court commended our preparation of the case. The significance of the judgment is that it clarifies the law in respect of the powers and duties owed by Local Authorities; these duties affect a significant number of vulnerable adults and the outcome of this application has wide reaching implications for them and Local Authorities. The case also deals with important issues in respect of the role of a financial deputy and duties to seek statutory funded services. MCC have appealed the decision to the Court of Appeal on a date to be fixed. 

The outcome of the hearing was widely commented on by solicitors and in legal newsletters. It is anticipated that the Court of Appeal decision in this case will be even more significant with greater media attention.