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Court of Protection confirms right to refuse proposed inpatient treatment

Case report: A Mental Health Trust v ER & Anor [2021] EWCOP 32 (30 April 2021).

Mrs Justice Lieven confirmed that it was not in the best interests of our client to ‘be forced to accept treatment … she does not wish to accept’ at an inpatient hospital and that it is in our client’s best interests ‘to be given more support in the community’.   

Rachel Turner, who has been instructed by the Official Solicitor and is Joint Head of our Mental Health & Capacity Department, is acting for the person whose care plan and mental capacity is under consideration at the Court of Protection.

The contents of this article are for the purposes of general awareness only. They do not purport to constitute legal or professional advice. The law may have changed since this article was published. Readers should not act on the basis of the information included and should take appropriate professional advice upon their own particular circumstances.

Rachel Turner

Joint Managing Partner
Joint Head of Mental Health & Capacity Department

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