David Isaac

The appellant, G.T., challenged a Consent and Capacity Board decision confirming the criteria for issuing a Community Treatment Order (CTO) under the Mental Health Act.

The appeal focused on whether there was informed consent by the substitute decision maker (SDM) and whether the Board erred by relying on uncorroborated hearsay.

The court found that the SDM was properly informed and consented to the treatment plan, and that the Board did not make a palpable and overriding error.

The appeal was dismissed.

The appellant appealed the dismissal of his challenge to his involuntary status and incapacity finding by the Consent and Capacity Board, arguing abuse of process due to alleged illegal detention and recertification after initial Board decisions in his favour.

The Court of Appeal dismissed the appeal, finding no abuse of process or res judicata, as new evidence of the appellant's deteriorating condition and previously unconsidered criteria justified the subsequent certification process.

The court emphasized the flexibility of the abuse of process concept in administrative proceedings and the importance of considering all circumstances, especially new and significant evidence, when determining capacity and involuntary status under the Mental Health Act.