Simon, please take it to the European Court of Human Rights in Strasbourg? I recommend adding Article 3 (No Torture or Degrading Treatment) to your claim; your studies show mental health impacts. I used Article 3 in Judicial Review against Schedule 8 Coronavirus Act, which allowed 1 medical practitioner to lock up someone in hospital for up to 6 months. Consequently, I sued the Health Secretary to revoke the change to mental health laws a whole 3 months before the Parliamentary Committee Report on the changes [to mental health law] was published, and forwarded my findings to the Committee. I provided the Government with case law and academic studies to prove my case, had the support of the public (included witness statements in support of my case), appeared on a news reel on LatestTV News Brighton, and had an article of mine published in the 'BackBencher' online a month before the Committee's report. I had the moral support of a highly influencial QC throughout. The changes are now expired.
Has your mental health been impacted by Lockdown? Mine is/was.
Throughout the case I have had the support of my local MP (Tahir Ali MP)....
CO/2532/2020 - The Queen [on the Application of Lijeh Anthony Perez] v The Secretary of State for Health & Social Care, and Others....
High Court, Queen's Bench Division, Administrative Court. Challenging the lawfulness of Part 2 Schedule 8 Coronavirus Act 2020, which makes changes to the Mental Health Act 1983 – allowing 1 medical practitioner to authorise detention in hospital under s2 or s3 of the MHA. Alleging breach of Article 3 Human Rights Act 1998.
" When creating the Act, we included provisions to modify mental health legislation to reduce from two to one the number of doctors’ opinions needed to detain someone under the Mental Health Act 1983 and to extend legal time limits on the detention of mental health patients. These were always powers of last resort, and I was not persuaded, even in the peak, that they were necessary, because our mental health services have shown incredible resilience and ingenuity. I have therefore decided that these powers are no longer required in England and will not remain part of the Act. We will shortly bring forward the necessary secondary legislation to sunset these provisions. " - Health Secretary - Hansard Entry, 30 September 2020.
You can find the Ministerial Order to expire the Law here https://www.legislation.gov.uk/uksi/2020/1467/regulation/2/made ; it expires parts of the Coronavirus Act 2020.
My application for Judicial Review was refused as there is no judicial authority to overturn primary legislation, but good negotiations got that done, as you can see.
The costs order against me is not being enforced.
May I suggest the following case-law ? :-
Pretty v United Kingdom - 2346/02  ECHR 427
MH v. Secretary of State for the Department of Health & Ors  UKHL 60 - House of Lords Judgement
CASE OF A. v. THE UNITED KINGDOM (100/1997/884/1096) - Strasbourg Judgement