# Mental Capacity Act **URL:** https://forum.mentalhealthlaw.co.uk/c/law-and-practice/mental-capacity-act/14.md [Latest](https://forum.mentalhealthlaw.co.uk/latest.md) · [Categories](https://forum.mentalhealthlaw.co.uk/categories.md) · [Tags](https://forum.mentalhealthlaw.co.uk/tags.md) --- ## [About the Mental Capacity Act category](https://forum.mentalhealthlaw.co.uk/t/about-the-mental-capacity-act-category/1741)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [21 July 2023 21:40 UTC](https://forum.mentalhealthlaw.co.uk/t/about-the-mental-capacity-act-category/1741 "2023-07-21T21:40:01Z")
Topics about, or mostly about, the Mental Capacity Act 2005. --- ## [Early post-AGNI court judgments](https://forum.mentalhealthlaw.co.uk/t/early-post-agni-court-judgments/5968)
**Author:** [@JamesCodling](https://forum.mentalhealthlaw.co.uk/u/JamesCodling)\ **Replies:** 26\ **Last updated:** [30 October 2026 14:04 UTC](https://forum.mentalhealthlaw.co.uk/t/early-post-agni-court-judgments/5968 "2026-10-30T14:04:24Z")
Here is the link to the recent Oxfordshire County Council v P - Find Case Law - The National Archives Court of Protection case… I personally found most ‘interesting’ paragraphs 16 and 17 which is the analysis as to why t… --- ## [DOLS/Court of Protection order -- advice please](https://forum.mentalhealthlaw.co.uk/t/dols-court-of-protection-order-advice-please/6087)
**Author:** [@Moojie](https://forum.mentalhealthlaw.co.uk/u/Moojie)\ **Replies:** 5\ **Last updated:** [7 September 2026 06:35 UTC](https://forum.mentalhealthlaw.co.uk/t/dols-court-of-protection-order-advice-please/6087 "2026-09-07T06:35:26Z")
My partner had a DoLS due to expire on 4 July 2026. Following s21A proceedings, the Court of Protection authorised an extension of the DoLS to 4 January 2027. The case has since been concluded The LA has subsequently re… --- ## [Detention in A&E under MCA -- while waiting for bed after MHA assessment](https://forum.mentalhealthlaw.co.uk/t/detention-in-a-e-under-mca-while-waiting-for-bed-after-mha-assessment/5192)
**Author:** [@anonymous53](https://forum.mentalhealthlaw.co.uk/u/anonymous53)\ **Replies:** 14\ **Last updated:** [5 August 2026 12:53 UTC](https://forum.mentalhealthlaw.co.uk/t/detention-in-a-e-under-mca-while-waiting-for-bed-after-mha-assessment/5192 "2026-08-05T12:53:49Z")
Quick question, patient in A&E: Two medical recommendations for detention under S2 have been completed, AMHP cannot complete the application because no bed is available Patient tried to leave, police were called and wa… --- ## [RoL in the absence of DoL (and the safeguards)](https://forum.mentalhealthlaw.co.uk/t/rol-in-the-absence-of-dol-and-the-safeguards/5971)
**Author:** [@RuthM](https://forum.mentalhealthlaw.co.uk/u/RuthM)\ **Replies:** 4\ **Last updated:** [3 August 2026 06:44 UTC](https://forum.mentalhealthlaw.co.uk/t/rol-in-the-absence-of-dol-and-the-safeguards/5971 "2026-08-03T06:44:29Z")
Apologies if this is slightly off-topic, but increasingly I see AGNI as presenting opportunities as well as risks. That was not my initial reaction. My first concern was reduction safeguards for some of the most vulnerab… --- ## [Can a LA remove a DoLS authorisation after a CoP order extending it?](https://forum.mentalhealthlaw.co.uk/t/can-a-la-remove-a-dols-authorisation-after-a-cop-order-extending-it/5941)
**Author:** [@Moojie](https://forum.mentalhealthlaw.co.uk/u/Moojie)\ **Replies:** 7\ **Last updated:** [25 July 2026 07:24 UTC](https://forum.mentalhealthlaw.co.uk/t/can-a-la-remove-a-dols-authorisation-after-a-cop-order-extending-it/5941 "2026-07-25T07:24:44Z")
I have a legal question about a recent Court of Protection s21A case. The court concluded the proceedings and extended the DoLS authorisation until 4 January 2027. Six days later, the local authority’s DoLS team carried … --- ## [Carers confidentiality and the MCA](https://forum.mentalhealthlaw.co.uk/t/carers-confidentiality-and-the-mca/5860)
**Author:** [@wellsj](https://forum.mentalhealthlaw.co.uk/u/wellsj)\ **Replies:** 7\ **Last updated:** [8 July 2026 18:11 UTC](https://forum.mentalhealthlaw.co.uk/t/carers-confidentiality-and-the-mca/5860 "2026-07-08T18:11:53Z")
I would very much appreciate advice on this current scenario. I am a volunteer in Rethink Mental Illness and run a local support group for mental health carers. A young man in his 20s has diagnoses of psychotic illness … --- ## ['Valid consent' provided by advance statement?](https://forum.mentalhealthlaw.co.uk/t/valid-consent-provided-by-advance-statement/5773)
**Author:** [@JamesCodling](https://forum.mentalhealthlaw.co.uk/u/JamesCodling)\ **Replies:** 0\ **Last updated:** [12 June 2026 15:40 UTC](https://forum.mentalhealthlaw.co.uk/t/valid-consent-provided-by-advance-statement/5773 "2026-06-12T15:40:41Z")
Continuing the discussion from If coercion is a necessary element of 'confinement' when could there ever be 'valid consent'?: Another interesting question is whether it leaves open the option for advance consent to conf… --- ## [If coercion is a necessary element of 'confinement' when could there ever be 'valid consent'?](https://forum.mentalhealthlaw.co.uk/t/if-coercion-is-a-necessary-element-of-confinement-when-could-there-ever-be-valid-consent/5772)
**Author:** [@JamesCodling](https://forum.mentalhealthlaw.co.uk/u/JamesCodling)\ **Replies:** 3\ **Last updated:** [12 June 2026 10:21 UTC](https://forum.mentalhealthlaw.co.uk/t/if-coercion-is-a-necessary-element-of-confinement-when-could-there-ever-be-valid-consent/5772 "2026-06-12T10:21:12Z")
Interested in the hive mind views on the little Venn diagram i have put together on the recent AGNI ruling… In my mind the presence of ‘objection’ or ‘conflict’ will ultimately be a determining factor when considering th… --- ## [Reflections on AGNI decision](https://forum.mentalhealthlaw.co.uk/t/reflections-on-agni-decision/5716)
**Author:** [@CaptainWalker](https://forum.mentalhealthlaw.co.uk/u/CaptainWalker)\ **Replies:** 2\ **Last updated:** [9 June 2026 10:04 UTC](https://forum.mentalhealthlaw.co.uk/t/reflections-on-agni-decision/5716 "2026-06-09T10:04:42Z")
In essence Cheshire West was laid to rest. The true nature of Article 5 - hand in hand with the 1966 Practice Statement - meant a return to the past. No bad thing. The interpretation of the MCA and it’s Code of Practic… --- ## [Multiple LPA's in place (4 in total - 2 for P&A and 2 for H&W) - What do you do?](https://forum.mentalhealthlaw.co.uk/t/multiple-lpas-in-place-4-in-total-2-for-p-a-and-2-for-h-w-what-do-you-do/2716)
**Author:** [@JamesCodling](https://forum.mentalhealthlaw.co.uk/u/JamesCodling)\ **Replies:** 14\ **Last updated:** [23 March 2026 07:09 UTC](https://forum.mentalhealthlaw.co.uk/t/multiple-lpas-in-place-4-in-total-2-for-p-a-and-2-for-h-w-what-do-you-do/2716 "2026-03-23T07:09:12Z")
Really looking for any practical advice in a situation where: P now lacks the capacity to make decisions Re property and financial affairs and for most health and care decisions, LA has found out that P, when they had … --- ## [Health & Welfare attorneys and Mental Capacity Assessment](https://forum.mentalhealthlaw.co.uk/t/health-welfare-attorneys-and-mental-capacity-assessment/5084)
**Author:** [@Moojie](https://forum.mentalhealthlaw.co.uk/u/Moojie)\ **Replies:** 6\ **Last updated:** [3 February 2026 19:32 UTC](https://forum.mentalhealthlaw.co.uk/t/health-welfare-attorneys-and-mental-capacity-assessment/5084 "2026-02-03T19:32:47Z")
A mental capacity assessment is being carried out for the court under a s21A appeal for my partner by a LA social worker. He has said he wants to do it over 2 sessions on a one-to-one basis, and has asked the 3 appointed… --- ## [DoLS and mental health](https://forum.mentalhealthlaw.co.uk/t/dols-and-mental-health/4934)
**Author:** [@Moojie](https://forum.mentalhealthlaw.co.uk/u/Moojie)\ **Replies:** 10\ **Last updated:** [11 January 2026 16:14 UTC](https://forum.mentalhealthlaw.co.uk/t/dols-and-mental-health/4934 "2026-01-11T16:14:47Z")
A person living with Alzheimer’s is under a DoLS in a dementia care home and a recent DOLs mental‑health assessor describes behaviour that is challenging — banging his head against the wall, kicking furniture, and verba… --- ## [Zopiclone in care home under DoLS- review duties/MCA/DoLS safeguards](https://forum.mentalhealthlaw.co.uk/t/zopiclone-in-care-home-under-dols-review-duties-mca-dols-safeguards/4880)
**Author:** [@Moojie](https://forum.mentalhealthlaw.co.uk/u/Moojie)\ **Replies:** 8\ **Last updated:** [30 December 2025 20:32 UTC](https://forum.mentalhealthlaw.co.uk/t/zopiclone-in-care-home-under-dols-review-duties-mca-dols-safeguards/4880 "2025-12-30T20:32:49Z")
i would be grateful for views on the legal framework governing the continued use of zopiclone in a care‑home setting for a person with Alzheimer’s disease who lacks capacity and is subject to a DoLS authorisation. Backg… --- ## [Cheshire West 2 and the objective element](https://forum.mentalhealthlaw.co.uk/t/cheshire-west-2-and-the-objective-element/4662)
**Author:** [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\ **Replies:** 6\ **Last updated:** [26 November 2025 08:05 UTC](https://forum.mentalhealthlaw.co.uk/t/cheshire-west-2-and-the-objective-element/4662 "2025-11-26T08:05:50Z")
Continuing the discussion from Cheshire West logic: Here’s another topic, to discuss this aspect. The AGNI’s reference wasn’t about the objective element – “confinement to a certain limited place for a not negligible l… --- ## [Cheshire West logic](https://forum.mentalhealthlaw.co.uk/t/cheshire-west-logic/4651)
**Author:** [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\ **Replies:** 10\ **Last updated:** [25 November 2025 14:56 UTC](https://forum.mentalhealthlaw.co.uk/t/cheshire-west-logic/4651 "2025-11-25T14:56:15Z")
Here is something that I wondered about when first reading Lady Hale’s judgment in Cheshire West. I haven’t asked it on here before because it’s hard to express (which usually means I’m barking up the wrong tree) but now… --- ## [Concurrent DOLS & Section 2 MHA recommendations](https://forum.mentalhealthlaw.co.uk/t/concurrent-dols-section-2-mha-recommendations/4672)
**Author:** [@Lavinia](https://forum.mentalhealthlaw.co.uk/u/Lavinia)\ **Replies:** 5\ **Last updated:** [19 November 2025 16:51 UTC](https://forum.mentalhealthlaw.co.uk/t/concurrent-dols-section-2-mha-recommendations/4672 "2025-11-19T16:51:26Z")
Patient admitted for General nursing hospital with little insight or capacity for treatment DOLS issued Patient when MOFD was referred through for MH assessment Section 2 recommdations issued Hospital licence does not… --- ## [All covertly medicated patients on dementia ward moved from DOLS to s3 -- why?](https://forum.mentalhealthlaw.co.uk/t/all-covertly-medicated-patients-on-dementia-ward-moved-from-dols-to-s3-why/3524)
**Author:** [@Trees62](https://forum.mentalhealthlaw.co.uk/u/Trees62)\ **Replies:** 5\ **Last updated:** [18 November 2025 17:20 UTC](https://forum.mentalhealthlaw.co.uk/t/all-covertly-medicated-patients-on-dementia-ward-moved-from-dols-to-s3-why/3524 "2025-11-18T17:20:32Z")
This came up in a managers hearing around less restrictive option for a client on a elderly dementia ward DoLS have just suddenly changed the way they operate on the ward and seem to be being much more harsh with the c… --- ## [Cheshire West 2 and the subjective element](https://forum.mentalhealthlaw.co.uk/t/cheshire-west-2-and-the-subjective-element/4661)
**Author:** [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\ **Replies:** 4\ **Last updated:** [18 November 2025 15:38 UTC](https://forum.mentalhealthlaw.co.uk/t/cheshire-west-2-and-the-subjective-element/4661 "2025-11-18T15:38:39Z")
Continuing the discussion from Cheshire West logic: Here’s a topic to discuss this. The AGNI’s argument was that the subjective element of deprivation of liberty – “lack of valid consent” – has an autonomous ECHR meani… --- ## [Applying the Mental Capacity Act in daily care practice: when is a best interests decision really needed?](https://forum.mentalhealthlaw.co.uk/t/applying-the-mental-capacity-act-in-daily-care-practice-when-is-a-best-interests-decision-really-needed/4467)
**Author:** [@gopinaveenmail](https://forum.mentalhealthlaw.co.uk/u/gopinaveenmail)\ **Replies:** 4\ **Last updated:** [22 October 2025 17:58 UTC](https://forum.mentalhealthlaw.co.uk/t/applying-the-mental-capacity-act-in-daily-care-practice-when-is-a-best-interests-decision-really-needed/4467 "2025-10-22T17:58:45Z")
I work in a care home and have a question about how the Mental Capacity Act (MCA) 2005 applies in daily practice. The Act says we must assume a person has capacity unless it is proven they lack it (Section 1(2)) and tha… --- ## [Misrepresentation of Court Authority: Removal of Vulnerable Person Without Order](https://forum.mentalhealthlaw.co.uk/t/misrepresentation-of-court-authority-removal-of-vulnerable-person-without-order/4319)
**Author:** [@anonymous74](https://forum.mentalhealthlaw.co.uk/u/anonymous74)\ **Replies:** 2\ **Last updated:** [28 September 2025 07:15 UTC](https://forum.mentalhealthlaw.co.uk/t/misrepresentation-of-court-authority-removal-of-vulnerable-person-without-order/4319 "2025-09-28T07:15:58Z")
What actions should be taken when an individual asserts they have a court order authorising the removal of a vulnerable person from one placement to another, when in fact no such order exists—only that an application has… --- ## [How would I go about finding a Court of Protection case without a case number...?](https://forum.mentalhealthlaw.co.uk/t/how-would-i-go-about-finding-a-court-of-protection-case-without-a-case-number/4295)
**Author:** [@Gaia](https://forum.mentalhealthlaw.co.uk/u/Gaia)\ **Replies:** 5\ **Last updated:** [24 September 2025 06:37 UTC](https://forum.mentalhealthlaw.co.uk/t/how-would-i-go-about-finding-a-court-of-protection-case-without-a-case-number/4295 "2025-09-24T06:37:41Z")
I am trying to find the details of an ongoing CoP case; I know the period in which the case was initially heard, but I have looked at the cases on the BAILII database within that time period, and I can’t find it - am I s… --- ## [Is the DoLS urgent application valid when the person is not suffering from a mental disorder](https://forum.mentalhealthlaw.co.uk/t/is-the-dols-urgent-application-valid-when-the-person-is-not-suffering-from-a-mental-disorder/3944)
**Author:** [@anonymous34](https://forum.mentalhealthlaw.co.uk/u/anonymous34)\ **Replies:** 4\ **Last updated:** [2 August 2025 18:48 UTC](https://forum.mentalhealthlaw.co.uk/t/is-the-dols-urgent-application-valid-when-the-person-is-not-suffering-from-a-mental-disorder/3944 "2025-08-02T18:48:19Z")
Hi Patient was under s2 for 28 days for assessment. S2 rescinded on day 28 as no evidence of mental disorder. Patient lacks capacity to make decisions regarding being accommodated in the psychiatric hospital whilst the … --- ## [How to argue against MCA detention, in favour of MHA detention](https://forum.mentalhealthlaw.co.uk/t/how-to-argue-against-mca-detention-in-favour-of-mha-detention/3929)
**Author:** [@AC23](https://forum.mentalhealthlaw.co.uk/u/AC23)\ **Replies:** 6\ **Last updated:** [24 July 2025 21:56 UTC](https://forum.mentalhealthlaw.co.uk/t/how-to-argue-against-mca-detention-in-favour-of-mha-detention/3929 "2025-07-24T21:56:58Z")
Sorry to jump on this thread but I have a similar query which might have slightly different answers… Patient in general hospital. Assessed as lacking capacity to medication (including currently prescribed psychotropics)… --- ## [DOLS Older People and MHA practice](https://forum.mentalhealthlaw.co.uk/t/dols-older-people-and-mha-practice/3890)
**Author:** [@Carys](https://forum.mentalhealthlaw.co.uk/u/Carys)\ **Replies:** 5\ **Last updated:** [11 July 2025 13:43 UTC](https://forum.mentalhealthlaw.co.uk/t/dols-older-people-and-mha-practice/3890 "2025-07-11T13:43:48Z")
When an older person is admitted / detained under section 2 and is subsequently placed under a DOLS Authorisation AND is still being treated within the Ward environment (medication, observation PRN and restrictions) is… --- ## [Conflicting information](https://forum.mentalhealthlaw.co.uk/t/conflicting-information/3913)
**Author:** [@Wol231](https://forum.mentalhealthlaw.co.uk/u/Wol231)\ **Replies:** 6\ **Last updated:** [20 July 2025 15:51 UTC](https://forum.mentalhealthlaw.co.uk/t/conflicting-information/3913 "2025-07-20T15:51:38Z")
A relative has been on section 2 for 2weeks and quite unwell. The issues are the usual osychotic break symptoms . Background -stopped taking meds -section 2 October 2024. Dr suggested section 3 and I agreed, 2nd opinio… --- ## [Role of LPAs in identifying alternative options in s21A proceedings](https://forum.mentalhealthlaw.co.uk/t/role-of-lpas-in-identifying-alternative-options-in-s21a-proceedings/3708)
**Author:** [@RKM](https://forum.mentalhealthlaw.co.uk/u/RKM)\ **Replies:** 2\ **Last updated:** [29 May 2025 08:50 UTC](https://forum.mentalhealthlaw.co.uk/t/role-of-lpas-in-identifying-alternative-options-in-s21a-proceedings/3708 "2025-05-29T08:50:45Z")
I am tasked with identifying suitable alternative options for P within health and welfare proceedings. As part of this task, i am to ask the LPAs (x4) if they will agree to pay for those options, ie trial return home wi… --- ## [Can a person be forced to have repeated capacity assessments?](https://forum.mentalhealthlaw.co.uk/t/can-a-person-be-forced-to-have-repeated-capacity-assessments/3327)
**Author:** [@draig](https://forum.mentalhealthlaw.co.uk/u/draig)\ **Replies:** 31\ **Last updated:** [4 April 2025 18:02 UTC](https://forum.mentalhealthlaw.co.uk/t/can-a-person-be-forced-to-have-repeated-capacity-assessments/3327 "2025-04-04T18:02:51Z")
Hi question is someone with known and tested capacity be repeatedly tested it people keep asking for more. It feels a bit like they will keep going until they get answers they want to hear. --- ## [MCA case precedents where life-limiting restrictions have been imposed without disclosure or lawful process](https://forum.mentalhealthlaw.co.uk/t/mca-case-precedents-where-life-limiting-restrictions-have-been-imposed-without-disclosure-or-lawful-process/3529)
**Author:** [@Rogerz](https://forum.mentalhealthlaw.co.uk/u/Rogerz)\ **Replies:** 0\ **Last updated:** [2 April 2025 14:57 UTC](https://forum.mentalhealthlaw.co.uk/t/mca-case-precedents-where-life-limiting-restrictions-have-been-imposed-without-disclosure-or-lawful-process/3529 "2025-04-02T14:57:32Z")
What legal case precedents are there under MCA 2005, in circumstances where life-limiting restrictions have been imposed with the express and admitted intent - of hastening death in imposing EOL death pathway, in causati… --- ## [New DOLS application needed after legal ownership of hospital changed?](https://forum.mentalhealthlaw.co.uk/t/new-dols-application-needed-after-legal-ownership-of-hospital-changed/3476)
**Author:** [@SCollins](https://forum.mentalhealthlaw.co.uk/u/SCollins)\ **Replies:** 2\ **Last updated:** [18 March 2025 16:15 UTC](https://forum.mentalhealthlaw.co.uk/t/new-dols-application-needed-after-legal-ownership-of-hospital-changed/3476 "2025-03-18T16:15:48Z")
Morning, So a patient is deprived of their liberty in a community hospital (urgent application made but no assessment completed) There is change in legal ownership of the hospital from NHS body to private provider ove… [Next page](https://forum.mentalhealthlaw.co.uk/c/law-and-practice/mental-capacity-act/14.md?page=1)