This virtual masterclass will examine the key overlapping provisions of both the MCA 2005 and the MHA 1983 which apply to the deprivation of liberty in individuals in acute and mental health hospitals and in the community. Facilitator Alex Ruck Keene is an experienced barrister, writer and educator. This course will enable relevant professionals in acute hospitals, mental health hospitals and involved in care planning for individuals in the community to navigate the sometimes complex interface between the two pieces of legislation, to reach defensible decisions and to identify how and where to resolve disagreements.
Acute trusts need to improve staff education and governance of the Mental Health Act
"Staff in acute hospitals were often not clear about the legal process for detaining someone in hospital. When they were detaining a person under the Mental Health Act 1983 (MHA), staff were often unclear about roles and responsibilities between acute and mental health trusts. More generally, staff in acute hospitals lacked knowledge about the MHA and how it worked. We also found that there was confusion around the MHA and Mental Capacity Act 2005 (MCA) and when to use which piece of legislation and associated guidance.”
Key Learning Objectives
- Understanding of the core principles of the MCA
- and when capacity and best interests are relevant
- to decisions under the MHA
- Understanding of the differences between the
- MHA and the MCA
- Understanding of the application of the concept of deprivation of liberty in the mental health context
- Understanding of the policy underpinnings of Sch 1A MCA 2005 and the future under the Liberty Protection Safeguards
- Understanding of the interface between the MCA and the MHA in the inpatient setting in acute and mental health settings
- Understanding of the interface between the MCA and the MHA in the community
- Defensible decision-making about the interface
- Resolving disagreements
- When to go to court
