The relevant parts of the press summary:
The First Defendant was entitled to conclude, under section 62 of the Medical Act 1968
(“MA 1968”), that it was “necessary to make the Order in the interests of safety”
(subsection (1)), and that it was “essential to make the order with immediate effect to
avoid serious danger to health” (subsection (3)).
Under section 62 Medical Act 1968, there is an exemption from the consultation
requirements when the emergency procedure is followed, as it was in this case. In those
circumstances, a duty to consult could not be implied. On the evidence, the First
Defendant did not undertake a voluntary “consultation”.
The absence of a consultation did not breach the Second Claimant’s procedural rights
under Article 8 of the European Convention on Human Rights.
TLDR: Judge believes Cass. The law says no consultation is needed for an emergency order. Judge says human rights what now?