Pharmacy professionals are responsible for the safe and effective care of patients and that includes understanding legal obligations and how this affects patient care.

The Mental Health Act is the law that sets out when people can be admitted, detained and treated in hospital against their wishes. It is also known as being ‘sectioned’. The act covers what rights people have, how they can leave hospital and what aftercare they can expect to get. 

The Mental Capacity Act (MCA) was implemented to protect and empower individuals who may lack the mental capacity to make their own decisions about their care and treatment. It is a law that applies to individuals aged 16 and over.

All healthcare professionals working with or caring for adults who lack, or who may lack, capacity must comply with the five core principles of the Mental Capacity Act 2005. 

The principles are:

1. A person must be assumed to have capacity unless it is established that they lack capacity.
2. A person is not to be treated as unable to make a decision unless all practicable steps to help them do so have been taken without success.
3. A person is not to be treated as unable to make a decision merely because they make an unwise decision.
4. An act done or decision made under this Act for or on behalf of a person who lacks capacity must be done or made in their best interests.
5. Before the act is done or the decision is made, regard must be paid to whether the purpose can be achieved in a way that is less restrictive of the person’s rights and freedom of action.