Deprivations of Liberty: Mental Health Act or Mental Capacity Act?

Authors

  • Richard Jones

DOI:

https://doi.org/10.19164/ijmhcl.v1i16.212

Abstract

The provisions of the Mental Health Act 2007 which amend the Mental Capacity Act 2005 (MCA) so as to provide for a procedure that can be used to authorise the deprivation of the liberty of a mentally incapacitated person are intended to sit alongside existing Mental Health Act 1983 (MHA) powers. But the nature of the relationship between the two Acts is far from clear. This article suggests that the new MCA procedure could be very much the poor relation of the MHA.

Author Biography

Richard Jones

Consultant in Mental Health and Community Care Law, Morgan Cole, Solicitors. Author of Mental Health Act Manual 10th ed (2006) (Sweet and Maxwell) and Mental Capacity Act Manual 2nd ed (2007) (Sweet and Maxwell).

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Published

2014-09-08

Issue

No. 16 (2007): November

Section

Articles and Comment

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