Transfer to hospital under the Mental Capacity Act 2005

Abstract

SummaryThis paper presents the case of an elderly gentleman who sustained a fractured neck of femur following a fall at home but refused to go to hospital. His general practitioner determined that he lacked capacity but ambulance and police crews refused to escort him due to concerns regarding deprivation of liberty.The legal grounds for treating people who lack capacity in emergencies are discussed and the development of the common law into the Mental Capacity Act 2005 is demonstrated. the Mental Health Act 1983 is inappropriate to treat primarily physical conditions, whereas deprivation of liberty cannot be authorised by the Mental Capacity Act 2005 without a means of challenging the lawfulness of the detention. In response, the government has produced Deprivation of Liberty Safeguards, which came into force in April 2009.

Conveyance of Mentally Ill Person from their Property: Which Legislation to Use? Mental Capacity Act (MCA) or Mental Health Act (MHA) or Court of Protection

“…However, this case report was not able to conclude significantly as the issues associated with MCA and its interface with MHA is simply more complicated. They explained that on some occasions, personnel involved in patient transportation from home to hospital can feel vulnerable to the lack of protection with regards to MCA [7]. While the MHA seems not a suitable for such a sole physical health reason to move a patient to the hospital the health professional, police and ambulance staff feel quite at risk of depriving the patient's liberty if the restraint is used.…”

“…The MCA is designed to enable the individual to make their own decisions as far as possible and empowers them. All decisions taken must be in the best interests of the person and must be least restrictive [7].…”