Fusion by the back door? Mental capacity and the Mental Health Act

Speaker:  Alex Ruck-Keene (Barrister) and Honorary Research Lecturer at the University of Manchester

Location link - Maple House 6th Floor seminar room, 149 Tottenham Court Road, W1T 7NF

 Abstract: In theory, there is meant to be clear blue water between the Mental Health Act and the Mental Capacity Act, in particular as regards decisions on treatment for mental disorder.   The Mental Health Act is intended to provide a self-contained regime which is, in general, not dependent upon capacity.   However,  'soft law' in the form of Code of Practice and case-law both suggest that we are, in fact, moving towards at least a limited form of fusion where capacity and best interests is seen as the most satisfactory way in which to resolve some of the most difficult treatment dilemmas.  In this talk, Alex Ruck-Keene will explore the present state of the law, sketch out some possible future developments, and also highlight some potential pitfalls that may face us.