B having been made subject to a court hospital order classifying him as suffering from a mental illness, complained when he was later detained under section 63 as subject to a personality disorder.
Held: At all times, B was classified as suffering from a mental illness, and the tribunal had not said his condition was a psychopathic personality disorder. Section 63 disposed of the requirement for consent to treatment, but did not make it clear that Part IV was to apply to a mental disorder from which a person suffered whilst liable to be detained. Compulsory treatment was a serious infringement of his rights and could only follow the clearest of statements of stautory intent. The detention was unlawful. ‘treatment for the mental disorder from which he is suffering’ meant treatment for the form of mental disorder from which he was classified as suffering under the Act. A patient classified as suffering from psychopathic disorder could not be treated as mentally ill and vice versa.
Judges:
Lord Justice Dyson Lord Justice Simon Brown Lord Justice Scott Baker
Citations:
[2003] EWCA Civ 547, Times 24-Apr-2003, [2003] 1 WLR 1886
Links:
Statutes:
Mental Health Act 1983 37(7) 41(1) 63
Jurisdiction:
England and Wales
Citing:
Appealed to – B, Regina (on the Application of) v Ashworth Hospital Authority HL 17-Mar-2005
The House was asked whether a patient detained for treatment under the 1983 Act can be treated against his will for any mental disorder from which he is suffering or only for the particular form of mental disorder from which he is classified as . .
Cited by:
Distinguished – Regina (C) v Mental Health Review Tribunal and Others QBD 17-Jan-2005
C applied for judicial review of the refusal by the respondent to order his absolute discharge, and the continuation of the restriction order. He said the tribunal had taken account of earlier reporst referring to a psychopathic personality . .
Distinguished – Regina on the Application of A l v Secretary of State for the Home Department CA 20-Jan-2005
The claimant complained of his recall to hospital. He had in 1991 been foundf not guilty of murder by reason of his insanity, and had been detained in a secure hospital, but then released conditionally. He said the recall on medical grounds was . .
Appeal from – B, Regina (on the Application of) v Ashworth Hospital Authority HL 17-Mar-2005
The House was asked whether a patient detained for treatment under the 1983 Act can be treated against his will for any mental disorder from which he is suffering or only for the particular form of mental disorder from which he is classified as . .
Lists of cited by and citing cases may be incomplete.
Health
Updated: 07 June 2022; Ref: scu.181164