An NHS Trust v Dr A

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.