Request for termination of mandatory psychiatric care dismissed

A patient with a serious mental disorder who had been committed to psychiatric care without overnight stays requested a complete cessation of the psychiatric care. The Supreme Court found that the condition in section 3-3 (3) (b) of the Compulsory Psychiatric Care Act on imminent and serious danger to the health of others if the psychiatric care ceases, was still met. This condition was taken to mean that the danger had to be real, concrete and foreseeable and cause great stress to the mental health of others. In its individual assessment, the Supreme Court found that there was such a risk that the patient, if discharged, would have a relapse with a worsening of the symptoms, primarily because one had to expect that he would stop taking medication. He would then pose a danger to the mental health of those close to him, a danger that reached above the threshold of the Act, even if at the lower end. The District Court's judgment, which dismissed the request to terminate the psychiatric care, was upheld.

Area of law: Mandatory psychiatric care. Section 3-3 (3) (b) of the Psychiatric Care Act.

Key paragraphs: 80, 102, 110

Justices: Øie, Matheson, Arntzen, Thyness, Hellerslia