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The Mental Capacity Act 2005 and its potential impact on the use of restraint

  • Arthur O. Owino (a1)
Extract

The staged implementation of the Mental Capacity Act 2005 (further referred to as the Act) began in April 2007 and was completed in October 2007. The Act provides a comprehensive statutory framework for making decisions for people in England and Wales, aged 16 years 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 to 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.

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Copyright
This is an Open Access article, distributed under the terms of the Creative Commons Attribution (CC-BY) license (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted re-use, distribution, and reproduction in any medium, provided the original work is properly cited.
References
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Hewitt, D. (2006) Closing the Bournewood gap. New Law Journal, 156, 12341235.
Department for Constitutional Affairs (2007) Mental Capacity Act 2005 Code of Practice. TSO (The Stationery Office).
Department of Health (2006) Protecting the Vulnerable: The ‘Bournewood’ Consultation. Department of Health.
Department of Justice (2007) Explanatory Notes to Mental Health Act 2007 (http://www.uk-legislation.hmso.gov.uk/acts/acts2007/en/ukpgaen_20070012_en_1).
Bolam v. Friern Hospital Management Committee (1957) 2 AllER 118128.
H.L. v. United Kingdom (2005) 40 EHRR 32.
Guzzardi v. Italy. (1980) 13 EHRR 333.
Ashingdane v. United Kingdom (1985) 7 EHRR 528.
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BJPsych Bulletin
  • ISSN: 0955-6036
  • EISSN: 1472-1473
  • URL: /core/journals/bjpsych-bulletin
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The Mental Capacity Act 2005 and its potential impact on the use of restraint

  • Arthur O. Owino (a1)
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