Report No. 196

(26) Re S (Hospital Patient: Court's Jurisdiction) (1996 Jan 1).

In this case, Sir Thomas Bingham MR said (p 18):

"In cases of controversy and cases involving momentous and irrevocable decisions, the Courts have treated as justiciable any genuine question as to what the best interests of a patient require or justify. In making these decisions, the courts have recognized the desirability of informing those involved whether a proposed course of conduct will render them criminally or civilly liable, they have acknowledged their duty to act as a safeguard against malpractice, abuse and unjustified action; and they have recognized the desirability, in the last resort, of decisions being made by an impartial, independent tribunal."