PS, R (On the Application Of) v Responsible Medical Officer & Anor

PS, R (On the Application Of) v Responsible Medical Officer & Anor

The administration of anti-psychotic medication to the claimant, a detained patient with capacity who does not consent, is lawful under section 58 of the Mental Health Act 1983 as the statutory requirements are met, the treatment is in his best interests, and the interference with his rights under Articles 3, 8, and 14 ECHR is justified, proportionate, and not discriminatory.

Parties
Claimant: PS; First Defendant: Dr. G (Responsible Medical Officer); Second Defendant: Dr. W (Second Opinion Appointed Doctor)
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, Article 3 ECHR, Article 8 ECHR, Article 14 ECHR, Best Interests Test, Statutory Interpretation
Mental Health Law Human Rights Law Administrative Law Compulsory Medical Treatment Capacity and Consent Article 3 ECHR Article 8 ECHR Article 14 ECHR +2 more

Case Brief

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Parties

PS

Claimant

Dr. G (Responsible Medical Officer)

First Defendant

Dr. W (Second Opinion Appointed Doctor)

Second Defendant

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether administration of anti-psychotic medication to a capacitated detained patient without consent is lawful under section 58 of the Mental Health Act 1983
  2. 2 Whether such administration breaches Articles 3, 8, or 14 of the European Convention on Human Rights
  3. 3 Whether the best interests test is satisfied in the circumstances

Ratio Decidendi

The administration of anti-psychotic medication to the claimant, a detained patient with capacity who does not consent, is lawful under section 58 of the Mental Health Act 1983 as the statutory requirements are met, the treatment is in his best interests, and the interference with his rights under Articles 3, 8, and 14 ECHR is justified, proportionate, and not discriminatory.

Court Disposition

Claim dismissed

Orders

  • Claim for judicial review is dismissed
  • No order for costs against the claimant