The appellant, a 20-year-old diagnosed with schizophrenia, appealed a Consent and Capacity Board decision upholding a doctor's finding that he was incapable of making treatment decisions regarding anti-psychotic medication.
The Superior Court of Justice allowed the appeal, finding that the Board and the doctor applied the incorrect legal test by requiring the appellant to accept his diagnosis and have an actual appreciation of the consequences of treatment.
The court also found that the Board erred in considering the appellant's best interests and the impact of his refusal on his family, and made a palpable and overriding error by failing to make necessary inquiries to assess capacity.
The Board's decision was quashed, and the appellant's presumption of capacity was restored.
