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M v Abertawe Bro Morgannwg University Health Board [2018] UKUT 120 (AAC)

"This case concerns disclosure to a patient in mental health tribunal proceedings of information that he had been covertly medicated. This is an issue that has previously been considered by the Upper Tribunal but this case differs from the existing case law in that it involves a patient who lacked the mental capacity to appoint a representative. I decide that the Mental Health Review Tribunal for Wales’ direction prohibiting disclosure of covert medication information involved an error on a point of law. Briefly, this was because the Tribunal did not consider the extent to which the patient, despite his impaired mental capacity, was nevertheless capable of participating in the proceedings. That issue should have been addressed before the Tribunal decided whether, having regard to the interests of justice, it was proportionate to withhold covert medication information from the patient."

See also

RM v St Andrew's Healthcare [2010] UKUT 119 (AAC)


On Bailii as: M v ABM University Health Board (Mental health) [2018] UKUT 120 (AAC)

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