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The Mental Health Act versus the Mental Capacity Act: is the MHA losing its edge?

Mackenzie, Robin, Watts, John (2014) The Mental Health Act versus the Mental Capacity Act: is the MHA losing its edge? Tizard Learning Disability Review, 19 (1). pp. 29-34. ISSN 1359-5474. (doi:10.1108/TLDR-09-2013-0041) (The full text of this publication is not currently available from this repository. You may be able to access a copy if URLs are provided)

The full text of this publication is not currently available from this repository. You may be able to access a copy if URLs are provided. (Contact us about this Publication)
Official URL
http://dx.doi.org/10.1108/TLDR-09-2013-0041

Abstract

Purpose – The purpose of this paper is to explore the clinical implications of the case of AM and the ruling that the Mental Health Act no longer has primacy over other legislation in certain treatment situations. Design/methodology/approach – Critical case analysis and discussion. Findings – The Mental Capacity Act Deprivation of Liberty Safeguards could be used more widely, and in preference to the Mental Health Act, but this may cause problems to clinicians and other decision makers such as Mental Health Tribunals. Originality/value – This case and its findings have not been widely discussed in academic or clinical practice literature.

Item Type: Article
DOI/Identification number: 10.1108/TLDR-09-2013-0041
Uncontrolled keywords: Deprivation of Liberty Safeguards, Human rights, Mental Capacity Act, Mental Health Act, Mental Health Act detention, Mental health assessments
Subjects: K Law
K Law > K Law (General)
Divisions: Faculties > Social Sciences > Kent Law School
Depositing User: Cathy Norman
Date Deposited: 27 Jan 2014 12:36 UTC
Last Modified: 29 May 2019 11:48 UTC
Resource URI: https://kar.kent.ac.uk/id/eprint/38060 (The current URI for this page, for reference purposes)
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