M v ABM University Health Board: [2018] UKUT 120 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Mitchell on 27 March 2018.
Read the full decision in .
Judicial Summary
In deciding whether information about a patient’s covert medication should be disclosed to a patient where (a) the patient lacks capacity to appoint a representative, and (b) disclosure would be likely to cause serious harm, a mental health tribunal is to consider the extent to which the patient, despite his or her impaired mental capacity, is capable of participating in the proceedings. A tribunal will then be in a position to decide whether, having regard to the interests of justice, it is proportionate to withhold covert medication information from the patient.
Published 19 April 2018