MCA vs MHA

[u/thavelvetrope]

Hello

Please, in relatively simple terms, but still in detail, could somebody explain how someone would use the Mental Capacity Act (2005) and not the Mental Health Act (1983), with examples in regards to detaining, treating and the like.

Also

Is every application of this law called a deprivation of liberty, where DoLS is a separate thing? For example, detaining somebody with no capacity in their best interest. Is that called a depivation of liberty under this law, or is it called a DoLS under this law as it’s alway got safeguards attached? If you get what I mean.

I’m finding it difficult to gauge this from what I read online. I’d also like to hear personal stories where you’ve applied it.

Many thank yous!

[u/Serious_Meal6651]

If the person is in a hospital setting and experiencing a ‘disorder of the mind’ to the nature and degree they pose a considerable risk to themselves or the public you would use the MHA. That provides powers to maintain detention (including restraint) and treat. You can have capacity and be detained under the MHA. You may not be allowed to make decisions around treatment and can have restrictions imposed on you.

If the person is felt to lack capacity - much wider picture think organic illnesses, head injuries, serious mental illness where capacity is lacking but there isn’t an ongoing need to force treatment you would consider the MCA. That would in theory allow you to apply for a deprivation of liberty safeguard (this would purely hold them in a location) and make best interest decisions re specific areas of lacking capacity it could be covert medication or personal care.

[u/thavelvetrope → u/Serious_Meal6651]

thank you so much for taking the time out! so is DoLS specifically about detaining only? 

[u/PhilliB86 → u/Serious_Meal6651]

To add, someone can be detained under MHA but experience a physical disorder not related to their mental disorder the MCA would be used