Faith, ethics and Section 63 of the Mental Health Act 1983

Section 63 of the Mental Health Act 1983 states that an approved clinician can provide medical treatment irrespective of whether or not a detained patient has capacity to refuse such treatment. Case law has established that a range of acts ancillary to the core mental disorder treatment are allowed under Section 63. This article analyses a unique court judgment involving a detained Jehovah's Witness patient who had made an advance decision refusing blood transfusions but who self-inflicted lacerations resulting in blood loss. Core issues within the case involved capacity to consent to treatment and the ethics of treating or not treating patients in such cases.