Understanding clinical decision-making at the interface of the Mental Health Act (1983) and the Mental Capacity Act (2005)

Partnership for Responsive Policy Analysis and Research (PREPARE) -
The Mental Health Act (1983) (MHA) and the Mental Capacity Act (2005) (MCA) both provide a legal means by which people can be deprived of their liberty and admitted to hospital on a formal basis when they lack capacity to consent to their admission and treatment. A key interface of the MHA and the MCA arises where an individual lacks the capacity to decide whether to be admitted to hospital to receive care and treatment, and are not objecting to admission or treatment, then the decision of which Act to use for these purposes is that of professionals involved. This report looks at that decision-making process.

• Report
• PREPARE - publications