2023-04-01 Abolition of MHA and MCA
This news item appears on:
01/04/23: Abolition of MHA and MCA — Following the recommendations in Committee on the Rights of Persons with Disabilities, 'Concluding observations on the initial report of the United Kingdom of Great Britain and Northern Ireland' (3/10/17) that the UK should "[r]epeal legislation and practices that authorize non-consensual involuntary, compulsory treatment and detention of persons with disabilities on the basis of actual or perceived impairment", and should "abolish all forms of substituted decision-making concerning all spheres and areas of life", the government has decided to repeal not only the Mental Health Act 1983 but also the Mental Capacity Act 2005. Details of future legislation have yet to be announced, but it is likely that preventive State detention will be permitted based on a non-discriminatory assessment that a citizen is dangerous. This step has been welcomed by both the Association of Patient Representatives in London (APRiL) and the Federation of Outpatient Lawyers (FoOL).