The patient challenged the treatment given to him against his will as a detained mental patient. He said the opinion of the second doctor as required under the Act, had not been put into writing.
Held: Following Wilkinson, which allowed a challenge to such decisions, it was inevitable that a written opinion would be required from the second doctor. Otherwise the challenge would not be possible. The duty did not go so far as to require disclosure of the request to the second doctor for that opinion.
Judges:
Lord Justice Potter, Lord Justice Brooke and Lord Justice Sedley
Citations:
Times 28-May-2002, Gazette 30-May-2002, [2002] EWCA Civ 554, [2003] QB 219
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Regina (Wilkinson) v Broadmoor Special Hospital and Others CA 22-Oct-2001
A detained mental patient sought to challenge a decision by his RMO that he should receive anti-psychotic medication, despite his refusal to consent, and to challenge a certificate issued by the SOAD.
Held: Where a mental patient sought to . .
Cited by:
Cited – Hasan, Regina (on the Application of) v Secretary of State for Trade and Industry CA 25-Nov-2008
The claimant appealed refusal of leave to bring judicial review of decisions to sell arms to the Israeli state. He lived in Palestine and said that Israel had destroyed his farm, and that licences broke the criteria under the 2002 Act. He said that . .
Lists of cited by and citing cases may be incomplete.
Health, Administrative
Updated: 06 June 2022; Ref: scu.171225