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Nigel Flack v Surrey & Borders Partnership Mental Health NHS Trust

DATE: 01 Jan 2008

Instructing solicitor: Meryll Paterson of Scott-Moncrieff, Harbour & Sinclair. The local authority has instructed Bevan Brittan to defend the claim.

This is a potentially ground-breaking Article 3 ECHR claim which will look at the acceptable levels of restraint that can be used on an individual and is likely to involve expert evidence.

It is a mental health Human Rights Act damages claim brought on behalf of a man who had been conditionally discharged from hospital and was awaiting transfer to a place in the community.

The claim is brought in reliance on Articles 3 and 8 of the European Convention on Human Rights in response to the Claimant's treatment at the time of his removal to another institution. The case also raises issues of race discrimination in the treatment of mental health service users.

Katherine has several ongoing HRA damages cases at present, all in the mental health and community care field.