Tribunal rules that Tom Costello's section order was invalid - Family hope he may be able to come home soon

Published: 24 February 2011
by TOM FOOT

A  WELL-known community campaigner has been unlawfully detained against his will and his family’s wishes for four months in a privately-run mental health hospital in Northampton.

Tom Costello was driven 100 miles from the Grove Centre in Hampstead to St An­drew’s Hospital on October 7 last year.

Camden and Islington Foundation Trust argued that the hospital – a three-hour round trip for relatives – was the only place Mr Costello’s difficulties with Lewy body dementia  could be contained.

But a tribunal judge ruled on Friday that the legal consent to hold him – a Section 3 order under the Mental Health Act – was invalid as it was agreed by the wrong member of the Costello family.

An emergency 72-hour ‘section’ was put in place but expired on Tuesday.

Mr Costello’s brother Terry said: “They want me to agree to ‘section’ Tom, but that’s what we went to tribunal to contest. We’re being told that mistakes have been made. It’s ridiculous really, but it is also a little chink of light for us. Camden has put the ball back in my court. 

“Tom wants to come home. He says it every time I see him. I’ve got a feeling he will settle down at home. But it’s a big decision to make for the family and a huge stress.”

He added: “Camden [mental health trust] is very reluctant to look after him here in Camden. It is still really puzzling that we can’t look after our own people.”

Solicitor Raj Chada, former Labour leader of Camden Council, has written to the hospital outlining the legal case for Tom’s immediate release. He said yesterday (Wednesday) that if there was no “Section 3”, it had to be explained under what legal authority Tom was being kept in the hospital. 

“I spoke to Tom today and he clearly does not want to be there,” he added. “So it appears he is being detained without consent and that effectively is false im­prisonment if there is no ‘Section 3’. They will have to release him. Otherwise we can go to the High Court.”

A solicitor specialising in mental health said that if Terry Costello refused to agree to a new ‘section’ for his brother he could be by-passed in a County Court.

Camden and Islington Foundation Trust is paying £500 NHS funding every week to keep Mr Costello in St Andrew’s. 

A trust spokesman said decisions to move people out of Camden were taken “in the best interest of patients”.