Treatment for Mental Disorder - another step backwards?

by Simon Foster*

R v Collins and Ashworth Hospital Authority ex parte Brady
Maurice Kay J Liverpool District Registry
(Judgment given 10th March 2000 - at time of going to print the decision is unreported.)
Appearances: Mr Nigel Pleming QC and Ms Eleanor Grey (Reid Minty) for the Respondent; Mr Benet Hytner QC, Ms Philippa Kaufmann and Mr Robin Makin, solicitor advocate (E Rex Makin and Co) for the Applicant.

Introduction

The case concerns the right of a psychiatric patient to choose to die by refusing intervention from the hospital. The Court considered the treatment provisions of Part IV of the Mental Health Act, capacity at common law and the legitimate interests of society in preserving life. However the notoriety of Mr Brady, and his own personality, meant that underlying the judgment were considerations of public policy as much as legal analysis.

Footnotes:
*Principal Solicitor, MIND, London.

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