Sebastian O
Member
- Joined
- 18 Feb 2015
- Messages
- 164
The MCA is only used to assess someone’s capacity for treatment of medical conditions.Not really.
The Mental Capacity Act covers this.
Basically if you lack capacity to act in your best interests you can be detained until you gain capacity, or someone does it for you.
It's to stop people falling between the gaps. S136 covers people in a public place. The MCA covers everywhere.
As long as the person who is detaining you is acting in your best interests at the time then they are covered.
Generally paramedics and police officers aren't trained to diagnose mental health conditions. They can only judge it as they see it. And if in any doubt - detain and let a professional expert decide.
The act works to ensure when a patient receives treatment, that it is in their best interests and undertaken in the least restrictive method.
We don’t ‘detain’ people as healthcare professionals, otherwise we would be carting every Tom, Dick and Harry out of care homes. There is no ‘detention’, it’s the most appropriate care to be provided to the patient.