Discharge planning is taking place for an S117-qualifying patient.
There is a history of restrain and force-feeding and multiple hospital admissions.
Can force-feeding occur in specified accommodations in the community under a CTO or S117, whether or not the treatment falls under S63?
Recently there was a webinar from 39room Essex Chambers ,Anorexia—Court of protection etc.As far as I know I donot think you can feed some one under CTO or Section 117.Even the MHA is for mental health etc,it is not simple.Best is COP.I may be wrong.
Part 4 of the act only applies to those who are liable to be detained so cannot use s.63. Community patients do not fall in to this category unless recalled. Long term s.17 leave might be more appropriate
Thanks for your responses. I am super grateful.
Ok, S63 would only apply if recalled to hospital.
So, under S117 aftercare or an SCT, force-feeding would have to be granted via the COP if deemed in the person’s best interests.
If the COP authorised it, could the person be forced to feed at home (specified accommodation)?
Is there any relevant case law?
Apologies if this is too late to be of any use.
I remember in 2018 trying to discharge a patient but struggling to come up with a plan that did not amount to a deprivation of liberty after The Secretary of State for
Justice v MM [2018] UKSC 60. While the following is for restricted patients it may help you think about possible legal frameworks alongside the 39 Essex Chambers webinar: HM Prison and Probation Service, ‘Guidance: Discharge conditions that amount to deprivation of liberty’ (January 2019)
Although a challenge would appear to be how somebody who is objecting could be safely fed outside of a hospital setting.