Question
Can someone be sectioned under the Mental Capacity Act? Yes. No.
Answer
4.7
(229 Votes)
Lachlan
Expert · Tutor for 3 years
Answer
No
Explanation
The Mental Capacity Act (MCA) in the United Kingdom is designed to protect and empower individuals who do not have the mental capacity to make certain decisions for themselves. However, it does not provide the legal power to detain someone or to impose treatment; this is covered by the Mental Health Act. Still, the MCA introduces the notion of "Deprivation of Liberty Safeguards" (DoLS) for situations that require a person to be constrained under care or hospitalization in their best interests. If they absolutely need to be sectioned for intervention concerning their mental health, this would potentially necessitate invoking the Mental Health Act rather than the Mental Capacity Act.