To read this content please select one of the options below:

The Mental Health Act. vs the Mental Capacity Act. Is the MHA losing its edge?

John Watts (Consultant Child and Adolescent Psychiatrist, based at The Kent and Medway Adolescent Unit, Staplehurst, UK)
Robin Mackenzie (Director of Medical Law & Ethics, based at The Law School, University of Kent, Canterbury, UK)

Tizard Learning Disability Review

ISSN: 1359-5474

Article publication date: 20 December 2013

1066

Abstract

Purpose

The purpose of this paper is to explore the clinical implications of the case of AM and the ruling that the Mental Health Act no longer has primacy over other legislation in certain treatment situations.

Design/methodology/approach

Critical case analysis and discussion.

Findings

The Mental Capacity Act Deprivation of Liberty Safeguards could be used more widely, and in preference to the Mental Health Act, but this may cause problems to clinicians and other decision makers such as Mental Health Tribunals.

Originality/value

This case and its findings have not been widely discussed in academic or clinical practice literature.

Keywords

Citation

Watts, J. and Mackenzie, R. (2013), "The Mental Health Act. vs the Mental Capacity Act. Is the MHA losing its edge?", Tizard Learning Disability Review, Vol. 19 No. 1, pp. 29-34. https://doi.org/10.1108/TLDR-09-2013-0041

Publisher

:

Emerald Group Publishing Limited

Copyright © 2014, Emerald Group Publishing Limited

Related articles