An NHS Trust v Dr A

Published on 10 February 2013

1 min read

A mental health briefing.

The judgment in the case of An NHS Trust v Dr A was recently published (despite application being issues in January).

The judgment sets out the relationship between the Mental Health Act, Mental Capacity Act and the court’s inherent jurisdiction to make orders in respect of individuals who may lack capacity where they do not fall within the scope of MCA or MHA.

It also urges caution with regard to the use of section 63 MHA to authorise treatment for physical disorder for patients detained due to mental disorder.

The health and social care regulator is consulting on its strategy for the next five years and beyond. Its draft strategy document explains how it plans to develop its approach to regulation in the context of a changing health and care landscape – taking into account learning from the Covid-19 pandemic, the growth of new technology and the shift to delivering care as a ‘system’ rather than the ‘single provider service model’. In short, ensuring that the new regulatory model is fit for the future

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Jill Weston

Principal Associate
Jill Weston

Principal Associate
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An NHS Trust v Dr A

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