In the recent case of Timothy Coombs v Dorset NHS Primary Care Trust (1) & Nottinghamshire Healthcare NHS Trust (2), the High Court was asked to determine whether a patient detained under the Mental Health Act could lawfully fund private treatment for his mental disorder.
The claimant in this case was detained under Section 3 of the Mental Health Act. The proceedings arose following a serious head injury sustained whilst he was an inpatient.
It was argued by the defendants that to allow the claimant to fund his own placement and treatment would be contrary to the Mental Health Act and public policy because a patient could not choose where and how to be treated for mental disorder.
The court accepted that a patient detained under the Mental Health Act could not choose his/her placement or treatment, but that this did not prevent a patient paying privately for a placement or treatment provided the responsible clinician had deemed the placement and/or treatment appropriate.
