This section provides information and guidance about mental health law, including the Mental Health Act 1983 and the Mental Capacity Act 2005. In cases where there is doubt concerning deprivation of liberty issues, the following guidance from the Law Society may be of assistance, in addition to the other documents below:
Mental Health Law
The Mental Health Act 1983 provides the legal framework to regulate the circumstances in which the the liberty of persons who are mentally disordered may be restricted, and, where there is conflict, to balance their interests against those of public policy.
For leaflets that explain The Mental Health Act provisions in English and other languages please click here.
The Mental Health Act is currently being reviewed, for more information please click here.
The Mental Capacity Act 2005 codified previous case-law and made new provisions regarding persons who lack capacity to make certain decisions.
The purpose of this tool kit is to act as a prompt to doctors when they are providing care and treatment for people who lack, or who may lack, the mental capacity to make decisions on their own behalf.
The tool kit contains a series of cards relating to specific areas of the Act.
The toolkit and further information can be found on the BMA website