The appellant, Z. (Z.), appealed two decisions of the Consent and Capacity Board: one confirming treatment incapacity for anti-psychotic and side-effect medications, and another dismissing a preliminary motion to void the incapacity finding due to alleged unlawful detention under the Mental Health Act.
The court rejected the "fruit of the poisonous tree" argument, affirming that breaches of the Mental Health Act's detention requirements do not automatically void capacity findings made under the Health Care Consent Act.
The court upheld the Board's finding of incapacity for anti-psychotic medications, finding it reasonable.
However, the court found the Board's decision regarding incapacity for side-effect medications unreasonable due to a lack of evidence that such treatment was proposed or discussed with the patient.
The appeal was allowed in part, setting aside the finding of incapacity for side-effect medications, while upholding the finding for anti-psychotic medications and the dismissal of the preliminary motion.