Case Law

The interface between the Mental Health Act and Mental Capacity Act revisited: Manchester University Hospitals NHS Foundation Trust v JS & Anor [2023] EWCOP 12 and [2023] EWCOP 33

Female teenager talking to consultant in hospital Photo: Monkey Business/AdobeStock


By Tim Spencer-Lane Introduction In England and Wales, the non-consensual care and treatment of people with mental health conditions is governed largely by two parallel legal schemes – the Mental Health Act 1983 (MHA) and the Mental Capacity Act 2005 (MCA). However, the interface between the MHA and MCA is notoriously complex, poorly drafted and […]

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