From WikiMentalHealth
Part IV contents
56, 57, 58, 58A, 59, 60, 61, 62, 62A, 63, 64
All Parts
I, II, III, IV, 4A, V, VI, VIII, IX, X, Schedules
Changes made by Mental Health Act 2007
Related cases
Any cases with a hyperlink to this legislation will automatically be added here. There may be other relevant cases without a hyperlink, so please check the mental health case law page.
- R (B) v Ashworth Hospital Authority (2005) UKHL 20 — A patient detained for treatment under the Mental Health Act 1983 could be treated compulsorily under s 63 of that Act for any disorder from which he suffered, and not only for the particular form of disorder from which he was classified as suffering under the application or order which authorised his detention.
- R (Brady) v Dr Collins (2000) EWHC 639 (Admin) — (1) The hunger strike was a manifestation or symptom of the patient's personality disorder, and the commencement of force-feeding was justified under s63 as medical treatment for mental disorder; even if s63 did not apply, the patient lacked capacity and the doctors had acted in what they lawfully believed was his best interests; (2) The appropriate test when considering challenges to compulsory treatment under s63 was the "super-Wednesbury" test [caution: the law has since changed]
See also
Law
Treatment not requiring consent
63. The consent of a patient shall not be required for any medical treatment given to him for the mental disorder from which he is suffering[, not being a form of treatment to which section 57, 58 or 58A above applies,][1] if the treatment is given by or under the direction of the [approved clinician in charge of the treatment].[1]
Amendments
- ↑ 1.0 1.1 Mental Health Act 2007