Laura Davidson considers the covert medication of patients detained under the Mental Health Act 1983
In recent times I have been involved in a number of cases concerning the covert medication of patients detained under the Mental Health Act 1983 (MHA 1983). Apparently this practice is more widespread than one might expect, with four patients in one particular hospital in receipt of it. As MHA 1983 permits treatment without consent, it is difficult to understand why there might be a need to provide it covertly. It is the author's view that in almost all circumstances covert medication will be unlawful and the practice will amount to a battery. It is liable to breach Art 8 and may in some circumstances reach the threshold for a violation of Art 3. Further, there are likely to be Art 6 considerations. It matters not whether the patient is consenting or non-consenting, or whether or not they have capacity to make decisions about their medical treatment. This article explores why by way of a case study and an
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