# Emergency physical treatment

**URL:** <https://forum.mentalhealthlaw.co.uk/t/emergency-physical-treatment/5434>\
**Category:** Mental Health Act\
**Created:** [8 April 2026 14:40 UTC](https://forum.mentalhealthlaw.co.uk/t/emergency-physical-treatment/5434 "2026-04-08T14:40:53Z")\
**Posts on this page:** 3\
**Page:** 1

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**Author:** ![AmandaBryant](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/a/8baadc/32.png) [@AmandaBryant](https://forum.mentalhealthlaw.co.uk/u/AmandaBryant)\
**Post date:** [8 April 2026 14:40 UTC](https://forum.mentalhealthlaw.co.uk/t/emergency-physical-treatment/5434/1 "2026-04-08T14:40:53Z")

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Can a patient under S5(2) be taken for emergency treatment at A&E (different hospital) against their will. I realise that the S5(2) ends when they leave the hospital. Would this be covered by MCA?

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**Author:** ![SteveC](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/s/ecb155/32.png) [@SteveC](https://forum.mentalhealthlaw.co.uk/u/SteveC)\
**Post date:** [8 April 2026 15:43 UTC](https://forum.mentalhealthlaw.co.uk/t/emergency-physical-treatment/5434/2 "2026-04-08T15:43:04Z")

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If they need medical treatment, the MHA will not have effect. If they lack capacity to consent, the MCA could be used (in their best interests) to take them for treatment to prevent them coming to (further) harm. This could involve taking them to A&E

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**Author:** ![Daguerrotype](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/d/e8c25b/32.png) [@Daguerrotype](https://forum.mentalhealthlaw.co.uk/u/Daguerrotype)\
**Post date:** [9 April 2026 15:17 UTC](https://forum.mentalhealthlaw.co.uk/t/emergency-physical-treatment/5434/3 "2026-04-09T15:17:29Z")

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If they are unconscious then MCA best interests applies - assuming no LPA blocking resusc etc