— The clinical team's evidence had been that the s37/41 patient was not receiving any medical treatment beyond the "standard inpatient nursing care which was available as the default position for all patients" and that, although he was benefiting from the care he was receiving, he did not need to be detained to receive it and it did not amount to treatment for mental disorder (e.g. he might benefit from support to understand the wisdom of behaving differently, and might deteriorate on discharge, but had capacity to make his unwise decisions). The tribunal just said it counted as medical treatment under s145, found that he was benefiting from it, and failed to explain adequately how it had dealt with the evidence.
Full details available at: https://www.mentalhealthlaw.co.uk/MK_v_Nottinghamshire_Healthcare_NHS_Foundation_Trust_(2025)_MHLO_17_(UT)?id=210126-1954