I wonder what you think of the CoP judgement in the wales anorexia case- I can see how the judgement was arrived at but I can' t see how a case that could have been rresolved by mha (caselaw on primacy etc) ended up under mca? One of the chambers haspublished the judgement in full. Thanx
I agree that the case of E could and should have been dealt with under Sec.3 MHA. She has a mental disorder withing the meaning of the Act, it is certainly of a nature or degree, and the need for treatment arises directly from her mental disorder. I have recently detained someone under Sec.3 in precisely the same circumstances in order to give her live saving treatment -- in her case, IV fluid and subsequently feeding through a naso-gastric tube. On assessment she was at the point of death. The MCA is in my opinion simply inappropriate in Anorexia.