A new report from the King’s Fund shows that people are being unlawfully deprived of their liberty because professionals are incorrectly using the Mental Capacity Act (MCA) or the Mental Health Act (MHA) according to their role or training, without considering the individual case.
Respondents said the codes of practice for the two Acts and their respective case law were difficult to understand and keep up to date with. The MCA was seen as having fewer safeguards, but was seen as being better for protecting people’s autonomy, whereas the MHA was seen as more restrictive. Read more here: https://www.communitycare.co.uk/2021/02/22/lack-understanding-mental-health-act-mca-divide-leading-unlawful-detentions-report-finds