The appellant appealed a decision of the Consent and Capacity Board upholding her attending physician's finding that she was incapable of consenting to treatment with anti-psychotic and mood stabilizing medication.
The appellant argued that a breakdown in the therapeutic relationship, rather than mental illness, caused her failure to appreciate the consequences of treatment.
The Superior Court of Justice found no palpable and overriding error in the Board's conclusion regarding anti-psychotic medication, as there was evidence she suffered from bipolar disorder and could not apply treatment information to herself.
However, the court allowed the appeal regarding mood stabilizing medication, finding no evidentiary basis for the Board's conclusion on that specific class of medication.
