The Mental Health Act and the Mental Capacity Act: untangling the relationship
Abstract
The Mental Health Act (1983) and the Mental Capacity Act (2005) (both amended by the Mental Health Act (2007)) together provide a comprehensive framework for the care and treatment of people with a mental disorder in England and Wales. The Mental Health Act relates solely to the treatment of mental disorders whilst the Mental Capacity Act has much wider applicability to decisions surrounding treatment and care where a person lacks capacity. Psychiatrists require a good working knowledge of relevant mental health and mental capacity legislation whatever jurisdiction they work in: here, key legal issues for England and Wales are briefly reviewed.
Daniel P Herlihy MRCPsych is a ST5 in General Adult Psychiatry on the South London and Maudsley Rotational Training Scheme, UK. His research interests include mental capacity, psychiatric rehabilitation and treatment-resistant psychosis. Conflicts of interest: none declared
Frank Holloway FRCPsych is a Consultant Psychiatrist at the South London and Maudsley NHS Foundation Trust, UK. Conflicts of interest: none declared
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