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Deprivation of liberty: Mental Capacity Act safeguards versus the Mental Health Act
- Authors:
- CAIRNS Ruth, RICHARDSON Genevra, HOTOPF Matthew
- Journal article citation:
- Psychiatrist (The), 34(6), June 2010, pp.246-247.
- Publisher:
- Royal College of Psychiatrists
The European Court of Human Rights concluded that common law, which had been widely used to hold and treat patients lacking mental capacity, was inadequate to satisfy the European Convention of Human Rights. This means that if a patient lacks mental capacity and a deprivation of liberty is felt necessary to provide the care required, common law can longer be used and a choice between deprivation of liberty safeguards and the Mental Health Act must be made. However, in this short article the authors examine how the Mental Capacity Act deprivation of liberty safeguards have been criticised for their complexity and unclear interface with existing mental health law. The authors suggest that, the new legislation, which was implemented in April 2009, is likely to pose a challenge to clinical teams.