PS, R (On the Application Of) v Responsible Medical Officer & Anor [2003] EWHC 2335 (Admin) (10 October 2003)

PS, R (On the Application Of) v Responsible Medical Officer & Anor [2003] EWHC 2335 (Admin) (10 October 2003)

Section 58 of the Mental Health Act 1983, as interpreted compatibly with the ECHR, permits the administration of anti-psychotic medication without the consent of a detained patient who has capacity, provided the SOAD certifies the statutory criteria are met, the best interests test is satisfied, and there is no...

Source-derived case information.

Citation
[2003] EWHC 2335 (Admin)
Parties
Claimant: PS; First Defendant (responsible Medical Officer): Dr. G; Second Defendant (second Opinion Appointed Doctor): Dr. W
Jurisdiction
England and Wales
Judgment Date
10 October 2003
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Claim dismissed
Legal Topics
Compulsory Medical Treatment, Capacity and Consent, Best Interests Test, Article 3 ECHR, Article 8 ECHR, Article 14 ECHR, Interpretation of Mental Health Act 1983
Mental Health Law Human Rights Law Administrative Law Compulsory Medical Treatment Capacity and Consent Best Interests Test Article 3 ECHR Article 8 ECHR +2 more

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Summary, issues, holding and outcome

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Parties

PS

Claimant

Dr. G

First Defendant (responsible Medical Officer)

Dr. W

Second Defendant (second Opinion Appointed Doctor)

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether anti-psychotic medication can be administered without consent to a detained patient with capacity under s.58 Mental Health Act 1983
  2. 2 Whether such administration infringes Articles 3, 8, or 14 ECHR
  3. 3 Whether the best interests test is satisfied

Ratio Decidendi

Section 58 of the Mental Health Act 1983, as interpreted compatibly with the ECHR, permits the administration of anti-psychotic medication without the consent of a detained patient who has capacity, provided the SOAD certifies the statutory criteria are met, the best interests test is satisfied, and there is no breach of Articles 3, 8, or 14 ECHR. On the evidence, the claimant suffers from a chronic psychotic illness (schizophrenia or paranoid psychosis), the proposed treatment is medically necessary and in his best interests, and the statutory and Convention safeguards have been observed.

Court Disposition

Claim dismissed

Orders

  • Permission to treat the claimant with anti-psychotic medication without his consent is granted, subject to statutory safeguards.
  • Interim injunction restraining treatment is discharged.