Shedinar: the (dread) MHA/MCA interface

Posted on 10 June 2020 15 August 2023 Author Alex RK

In this (possibly over)ambitious shedinar, updated in August 2023, I take on the interface between the Mental Health Act 1983 and the Mental Capacity Act 2005, looking at the position both inside and outside hospital.

For a more detailed guide to the interface in relation to the hospital setting, see here.

Boring but necessary caveat: nothing in this constitutes legal advice.

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Bailii capacity cases

Northumbria Healthcare NHS Foundation Trust v HX & Ors [2024] EWCOP 52 (T3) (09 September 2024) 17 September 2024
Campbell v R [2024] EWCA Crim 1036 (11 September 2024) 11 September 2024
Oliver v Oliver [2024] EWHC 2289 (Ch) (09 September 2024) 10 September 2024
Stockport MBC v NN & Anor [2024] EWCOP 51 (T1) (22 August 2024) 10 September 2024
PW (AP) against KM (Court of Session) [2024] CSOH 85 (06 September 2024) 9 September 2024

Bailii CRPD cases

From Court of Justice of the European Communities (including Court of First Instance Decisions) From European Court of Human Rights From Northern Ireland - Social Security and Child Support Commissioners' Decisions From European Court of Human Rights From European Court of Human Rights

Bailii Mental Health Act cases

From England and Wales High Court (Chancery Division) Decisions From England and Wales High Court (King's Bench Division) Decisions From England and Wales Court of Protection Decisions From England and Wales Court of Protection Decisions From England and Wales High Court (Family Division) Decisions

Mental Health Law Online updates

Event. PELT: Becoming a Mental Health Act Administrator - the Basics (online, 23/10/24)
Event. PELT: Introduction to the MHA, Code and Tribunals (online, 30/10/24)
Event. PELT: Introduction to MCA and Deprivation of Liberty (online, 6/11/24)
Event. PELT: Introduction to COP, including s21A appeals (online, 13/11/24)
Event. PELT: Masterclass for MHA Administrators (online, 20/11/24)
Event. PELT: MHA Masterclass (online, 27/11/24)
Event. PELT: Court of Protection and MCA Masterclass (online, 3/12/24)
Mental capacity law newsletter. 39 Essex Chambers, 'Mental Capacity Report' (issue 143, September 2024)
Case (Nursing care home - functions of public nature). Sammut v Next Steps Mental Healthcare Ltd [2024] EWHC 2265 (KB)
Case (Section 117 reimbursement). Kent County Council (23 012 780) [2024] MHLO 1 (LGSCO)

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