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It is disappointing that the Mental Health Bill has not taken the opportunity to provide...

Conclusion
It is disappointing that the Mental Health Bill has not taken the opportunity to provide greater clarity to the interface between the Mental Health Act and the Mental Capacity Act and to make clear when detention and treatment under one or the other should be authorised. In a legislative scrutiny inquiry like this one, we are not in a position to conclude which of the possible alternative approaches to the interface between the MHA and MCA would best provide the necessary human rights protection. (Conclusion, Paragraph 78)
Government Response

A response document is linked to this report, dated 11 July 2025. Response attribution to this conclusion has not been verified. Read the response document.

Addressee Bodies
Ministry of Justice
Timeline
Recommendation age 1.3 yr
Report published 19 May 2025