2014•International Journal of Mental Health and Capacity LawOpen access

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

Richard Jones

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.

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Key concepts: Mental Health Act, Mental capacity, Mental health, Law, Mental health law, Relation (database), Political science, Psychology