The court allowed the appeal of Arlene Hastick from a Consent and Capacity Board decision confirming the renewal of her Community Treatment Order (CTO) under the Mental Health Act.
The court found that the Board denied Ms. Hastick procedural fairness by repeatedly preventing her from asking relevant questions of her treating psychiatrist, Dr. Banik, and by relying on evidence about her 2016 hospitalization while refusing to allow her to challenge or clarify that evidence.
The matter was remitted for a new hearing before a differently constituted Board.