Both the Mental Health Act and Mental Capacity Act provide appropriate procedural safeguards to ensure that the individuals Article 5 human right to liberty and security is protected during their detention. The nature of the safeguards provided under the two Acts are however different. We note the concerns raised regarding the complex nature of the interface between the Mental Health Act and Mental Capacity Act and recognise that in some cases, this may present challenges for decision makers. We will provide guidance on this in the Mental Health Act Code of Practice. We will engage with stakeholders to understand what support and guidance could help clinicians when deciding which of the two Acts must be used or where there is a choice, is most appropriate for individual patients as part of our consultation on the new Code of Practice. We have committed to keep the interface and the matter of fusion legislation under review. Children Committee View While the recent Government amendment to the Bill, introducing a review of notification requirements in respect of children on adult wards represents a welcome acknowledgement that the status quo may not be satisfactory, it does not guarantee the prompt protection for children’s rights that we have heard is needed. We agree with submissions made to us that the Mental Health Bill could and should do more to protect against children being placed on adult wards. The Bill should be amended to include a requirement that a child should not be placed on an adult ward unless that placement is demonstrably in the child’s best interests. We propose an amendment to this effect (see Appendix). The Bill should also go further than a review of current notification requirements. It should require the provider to notify the CQC within 24 hours of any child being placed on an adult ward.