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Centre for Policy on Ageing | |
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| The Mental Capacity Act 2005 and its potential impact on the use of restraint | | Author(s) | Arthur O Owino |
| Journal title | Psychiatric Bulletin, vol 32, no 4, April 2008 |
| Pages | pp 124-126 |
| Source | http://pb.rcpsych.org |
| Keywords | Mobility ; Restriction ; Mental disorder ; Law. |
| Annotation | Implementation of the Mental Capacity Act 2005 was completed in October 2007. The Act applies to England and Wales, and provides a comprehensive statutory framework for making decisions for people aged 16 and over who lack capacity to make a particular decision at a particular time. Section 5 of the Act codifies the common law doctrine of necessity, and provides a defence for anyone who performs an act in connection with the care and treatment of another person - in that person's best interest - reasonably believed to lack capacity in that matter. This article explains the conditions which must be met in such circumstances, and how Section 6 of the Act sets out two limitations on the scope of Section 5 acts, one of which is restraint. Two areas of potential difficulty in the use of restraint are discussed: that such a response is proportionate, and that restraint does not amount to a deprivation of liberty. (RH). |
| Accession Number | CPA-080409201 A |
| Classmark | C4: 5RC: E: VR |
Data © Centre for Policy on Ageing |
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| ...from the Ageinfo database published by Centre for Policy on Ageing. |
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