The appellant, a 24-year-old man diagnosed with schizoaffective disorder, appealed a decision of the Consent and Capacity Board confirming his incapacity to consent to treatment and confirming a Community Treatment Order (CTO).
The appellant argued that he did better off the CTO and that his suicide attempt while on a previous CTO demonstrated that the CTO caused substantial mental deterioration.
The Superior Court of Justice applied a reasonableness standard of review and upheld the Board's decisions.
The court found that the Board reasonably concluded the appellant lacked insight into his illness and would likely suffer substantial mental deterioration without the CTO, given his history of decompensation and non-compliance with medication when not subject to an order.
