The claimant mental patient (T) applied for judicial review of a decision of the defendant doctors (H and G) to treat him with antipsychotic medication without his consent pursuant to the Mental Health Act 1983 s.63 and s.58. T had been a patient at a psychiatric hospital to which he was admitted by the Crown Court under s.37 of the 1983 Act following convictions for affray and common assault. He had been diagnosed as suffering from a delusional disorder of a paranoid type, which was a mental illness within the 1983 Act. Medication had alleviated T’s condition but on his release from hospital T had disengaged with psychiatric services and ceased taking his medication. When he was subsequently recalled to hospital, he persisted in the belief that H and others were conspiring against him and refused to engage with them in the hospital. He maintained that he did not have a mental illness and refused to take antipsychotic medication. H, the responsible medical officer, and G, the second opinion appointed doctor, agreed that it was necessary to administer medication to T without his consent and G so certified. T had obtained an injunction to prevent him from being given medication against his will supported by the evidence of a doctor (O). O had concluded that T was not suffering from a mental disorder within the 1983 Act and did not need antipsychotic medication. H had, however, indicated that T’s condition had worsened and that he was a suicide risk. The issue for determination was whether T should receive medical treatment without his consent.
Held, refusing the application.