Psychiatric Detention under the Mental Capacity Act 2005. Concerns over future safeguards.
Warning this is a bit complicated! “The dividing line between the use of the MHA and the MCA DOLS is fiendishly complicated (a senior judge described it as like putting your head inside a washing machine and spin dryer)”.
Lucy Series (legal expert, academic and blogger) has just published a thorough but informative blog article on Psychiatric Detention under the Mental Capacity Act 2005.
- She explains that psychiatric detention takes place under the Mental Capacity Act as well as the Mental Health Act 1983, but with weaker procedural safeguards
- She emphasises that psychiatric detention under the Mental Capacity Act 2005 mainly affects people with dementia and learning disabilities
- She expresses over proposed legislative changes e.g. Mental Capacity (Amendment) Bill: “Current and proposed reforms to mental health and capacity laws will weaken safeguards and support for thousands of people with dementia or learning disabilities in psychiatric settings”
I will not attempt to summarise the article. It needs to be read in full. It raises genuine concerns about the future safeguarding of vulnerable adults, as and when LPS replaces DoLS.
There will hopefully be a (more concise) consideration of some of the issues raised here in the next edition of Resnews, our quarterly newsletter to members.