Koen is a 24-year-old man who has a history of mental health problems. He is in hospital. Family members who are also his designated carers visit him regularly. Koen wants to return home as soon as possible. Koen was held on an inpatient temporary order for 28 days. 10 days before the current order was due to expire, the treating applied for a treatment order for Koen to remain as an involuntary patient. When Koen went before the Mental Health Tribunal, an order was considered for up to 8 weeks involuntary stay in hospital. Koen was devastated by this. 

He was re-established on clozapine, an atypical antipsychotic medication. It is mainly used for schizophrenia but he does not improve following the use of other antipsychotic medications. The efficacy of clozapine can only be monitored in an inpatient setting. He agrees he needs his medication but he wants it to be one that he agrees to and can administer himself. He also wants help with distressing anxiety, flashbacks and psychological issues. Koen is opposed to a further in-patient order or community treatment order. During the hearing, the Tribunal asked if and how Koen's cultural and spiritual beliefs as an Aboriginal person had been considered. 

Should the treating team provide Koen with culturally appropriate services to assist him with his recovery? 

Can Koen appeal against the tribunal's decision if an order is made for 8 weeks? In the alternative, can the tribunal make any other order that will satisfy the criteria of a least restrictive form of care pursuant to the Mental Health Act 2014?

Answer rating: 100% (QA)

Answer This legal memorandum will address the following issues 1 Whether the treating team should provide Koen with culturally appropriate services to assist him with his recovery 2 Whether Koen can a... View the full answer