The appellant appealed a decision of the Consent and Capacity Board finding him incapable of consenting to treatment for schizophrenia and confirming his involuntary admission.
The Superior Court of Justice found that the Board made palpable and overriding errors by concluding the appellant lacked capacity simply because he denied having schizophrenia, and by ignoring evidence that he appreciated the consequences of treatment.
The Court also found insufficient evidence to support the Board's conclusion that the appellant's mental disorder would likely result in serious physical impairment due to missed dialysis appointments.
The appeal was allowed, the Board's decision was quashed, and the appellant was ordered released from hospital.
