The appellant, an involuntary psychiatric patient diagnosed with a schizophrenic disorder, appealed a decision of the Consent and Capacity Board confirming he lacked capacity to consent to treatment with antipsychotic medication.
The appellant argued he was not provided adequate information about the treatment and that the Board failed to recognize his capacity fluctuated.
The Superior Court of Justice dismissed the appeal, finding the Board made no palpable and overriding error.
The evidence supported the Board's conclusion that the appellant's inability to recognize his illness prevented him from appreciating the reasonably foreseeable consequences of the proposed treatment.