Mental Capacity in the MHA – the White Paper

Building on the very headline points I made here, here is a video looking specifically looking at how the White Paper published on 13 January 2021 addresses mental capacity.

It doesn’t cover absolutely everything (for instance, you can find for yourself the nugget that the Government does not think that you need parallel authorisation under both s.17 MHA 1983 and the MCA), nor does it get into the discussion about the place of learning disability and the autism, which gives rise to some very complex capacity-related questions (see, for one view, Lucy Series’ comments here).  But it does hopefully at least give an overview of some of the key points for those wanting to think about the potential future place of capacity in mental health law in England & Wales.

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