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